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Husband wishes to take our house

Posted in Divorce, Location, Ontario, St. Catharines by Questions on June 16, 2014

I am currently going through a divorce , the marriage lasted 9 months before he went back to his country. He and I have already signed our divorce papers.Which we both agreed that we wanted nothing from each other. The divorce was filed in his residing country of Trinidad and Tobago. We purchased a home here in Ontario last may , the house is free and clear we have no mortgage on this property.Months after the house was bought he (my ex husband) advised me that he had borrowed $250,000.00 from his sister to help buy the house. He then insisted that I sign a document saying that upon the sale of the house that we would give back this money to his sister. I had no issues with it, just advised he would have told me prior to. He and I had a verbal agreement that when the house is sold that I would give his sister her share and that I could keep the rest(he had asked me to leave my job back in March of last year ). Now he would like me to sale the house(which I have no problems doing) and said that he no longer wishes me to get anything out of it.He has been verbally and mentally abusive throughout or marriage and this entire process. He returned to his country in October , since then I have been making ends meet to keep up with the bills.I have recently been employed, making nothing compared to what I was making prior to marrying him. My questions are based on the information above , is he able to take the home from me? and what steps should I take to ensure that I am compensated for my time and lost of wages .

1 Expert Comment

  1. On June 16, 2014 at 10:02 am
    Andrew J. Kania, LL.B., LL.M. said:

    Answer: You have two main issues. First, you cannot make a claim for “my time and lost of wages,” however you can claim spousal support based on the discrepancy in your incomes. The difficulty is that he now lives abroad, in terms of enforcing any spousal support order. However, a Court can make an Order that you can be compensated for spousal support FROM PROPERTY. Thus, as there is a house, this may assist you.

    As well, as you are legally married, you are entitled to a portion of the home, given that: 1. You are entitled to an “equalization of net family property” which includes the home; and 2. You are a joint owner of the property.

    So, in short, you have legal rights that need to be protected. I strongly suggest that you call me for a free consultation.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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