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Am I entitled to ask for a payout?

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Anonymous Asked:

I am trying to determine what is fair in separation of property. My (ex) husband and I are still living in the same house. He has stated many times he wants a divorce but makes no move to do so. I have started the process and am trying to find a place to move to. I was at home with the kids for 10 years and only started working 21 months ago. I have a well paying stable job and do not expect support payments. He will be keeping our house and intends to rent out part of it for income. He is saying that he absolutely will not pay me out any portion of the house (I am not on title) nor will he pay any spousal or child support. I qualify for a mortgage but do not have a down payment as I am still paying for things that I paid for when I was not working and he refused to pay for them (groceries, gas for his car, clothes for the kids, school supplies, etc). Am I entitled to go after any money to help me get a down payment for a house? ( I am only needing a total of 12-15 thousand of which I have some saved).

Thank you

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Stuart Zukerman
5 years ago

Whether your name is on title to the house is entirely irrelevant. The Family Law Act of BC provides that you are entitled to one half of the equity in the house (subject to each party being entitled to first be paid back whatever pre-relationship money they can prove they put into the equity in the house and the balance of the remaining equity being equally divided).
If your current annual income is lower than your spouse’s current annual income then you are entitled to spousal support based on the application of the Spousal Support Guidelines. If you have primary or shared care of the children then you have entitlement to child support in accordance with the Child Support Guidelines. If you have debts in your name that were incurred for family purposes prior to the separation, then those debts are subject to an equal split or a reapportioned split to achieve fairness. There is no legal claim for “money for a downpayment” – what you use your support for or your presumptive 50% share of the equity in: the house, vehicles, household contents, saving accounts, RRSP, Investments and Pensions or other assets owned by each of you for is your business whether it is for a downpayment or otherwise is irrelevant.

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