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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3537
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My left over a year ago guy. She is now taking me to court

Customer Question

My left over a year ago for another guy. She is now taking me to court for half the matrimonial assets including the house. I have no money and haven't worked in over a year. The house was a gift from my father but her name is ***** ***** title even though she has never made any contributions to it. If she forces me to sell I will be out on the street and not be able to afford to buy anything else after the mortgage is paid off. Is she entitled to any of the money from the house? Can she force me out onto the street. I have only been able to survive with my brothers help, but that cannot go on for much longer. I thought I heard once there might be a law of protection for inherited stuff but am not sure. She is on AISH and is doing this in part because AISH wants to cut her off because she is on title with the house. Where do I stand legally in all of this?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Ulysses101 replied 2 years ago.

Hello, thank you for the question.

This is your ex we're talking about, are you two married? If o, when did you marry and when did you separate?

You're both on title to the home, right?

How much equity is in the home, approximately?

Customer: replied 2 years ago.
we are married and she left me in July 2014. Once the mortgage is paid off there might be $180,000 -$200,000 left.
Expert:  Ulysses101 replied 2 years ago.

I understand, but I need to know a little more.

When were you married?

When did you inherit the home? Did you inherit it fully paid off? What was it worth at the time, best guess?

What's its value now (or when you separated, if you are aware a significant difference), and what's the mortgage at now (or when you separated, if you've paid it down or refinanced since)?

Are there any other liens or encumbrances on title, like a second mortgage or line of credit secured by the property and attached to title?

I'm sure you thought that this was a simple question, but nearly everything in family law is driven by the facts, and when fighting over money one needs to make decisions based on the time/effort/money spent on litigation compared to the value of what's at stake.

Expert:  Ulysses101 replied 2 years ago.

Perhaps I misunderstood your earlier reply, you're saying that there's $180,000 - $200,000 equity in it now, once the mortgage principle is subtracted from the anticipated sale price?

Customer: replied 2 years ago.
We have been married 15 years. My dad gave me the house as a wedding present, at the time the cost was $165,000 and now about $300,000. At the time of purchase it was free and clear but we made a stupid mistake of taking money out on the house to pay off other mounting bills ( $100,000). Her name is ***** ***** mortgage as well but she ran away and left me to pay for everything.
Expert:  Ulysses101 replied 2 years ago.

I see, thanks for that.

A couple of more questions for you, please bear with me.

I'm not surprised that AISH is making her take you to court. Even if she acknowledges that she's put nothing into the home, she's on title and thus her entitlement to social services benefits is impacted by the fact that she "owns property". This wasn't her idea I'm sure, so I hope that you two aren't fighting about it. They made her.

Are there any other significant matrimonial assets or debts? Since the mortgage was essentially a "consolidation loan", should I assume that you're paying the mortgage solely?

Your father gave you the home as a present? I assumed that you got it under his will, that's far more common. When he transferred it, it went straight into your joint names? Unfortunately this will mean that it's a gift to the two of you, unless there's something in writing to say that it was a gift to you specifically and that it's to be excluded from any property division in the event of your separation (even then it's not a slam dunk that the equity would be solely yours).

You say that you made a stupid mistake to take out a mortgage to consolidate other debts. Don't be hard on yourself, as that was likely the right decision to make at the time. Can you tell me what debts the mortage proceeds covered?

Expert:  Ulysses101 replied 2 years ago.

Are we finished with your matter? I feel like we haven't.

Expert:  Ulysses101 replied 1 year ago.

I'm still here if you wish to discuss your matter. Did you get your own legal counsel? If you don't need my attention then don't forget about your deposit to the site, you can ask for that back or leave it there for future questions. If you're on a subscription, you want ask the site to close the thread and not count it towards your limit.