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CanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 25
Experience:  Lawyer
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I 't know if this is purely a real estate law question or if

Customer Question

I don't know if this is purely a real estate law question or if it is a Family Law question....or both???
Anyways here it goes.
My husband was gifted ownership of his mother's house in Toronto in 1997 jointly with his brother and mother (both are still alive). It was a transfer/deed ( which I have a copy of) indicating "Natural Love and Affection" and consented by the mother's spouse.
My spouse was married before to his first wife from 1979 - 2010. Accordingly, as I have read various law articles, I am led to the understanding that because the "gift" of the house occurred during their marriage, would the primary reason that she could not successfully make a claim.
However, my husband and I married in Oct 2011. We did not sign a pre-nuptial, any property exclusions or a domestic contract.
As of October this year we have been separated and the relationship is irreconcilable (due to continued abuse and alcohol). I have had to move out, stay in a shelter and redirect my life. The house is to be listed mid-January for sale.
Do I have any claim to this property that my spouse tri-owns? Perhaps the increase in Market Value since 2011?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
The property is in Toronto, Ontario, Canada.
Can you refer this to a Family Law expert if need be?
Expert:  CanLaw replied 1 year ago.

Hi Jennifer,

If your spouse acquired a gift or inheritance before marriage that has appreciated during the marriage, the value acquired during the marriage will need to be included on his net family property statement. This is because there is no special treatment accorded to gifts or inheritances received before the date of marriage. The pre-marriage value of a gift or inheritance will be deduced from his net family property statement like any other pre-marriage asset.

I recommend that you contact an experienced family lawyer in Toronto. You can contact the Law Society of Upper Canada and find a lawyer that will offer you a 30 minute consultation for free.

Expert:  CanLaw replied 1 year ago.

You can contact the Law Society of Upper Canada at(###) ###-####and ask for the referral service.

Please let me know if you have any other questions. If my answer satisfied your question please provide me with a positive rating.


Expert:  CanLaw replied 1 year ago.

Hi Jennifer,

Do you have any more questions?

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