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Buying house

Posted in Barrie, Location, Ontario, Separation by Questions on August 14, 2013

I want to separate from my husband and am having a hard time finding a place to rent.My husband and I have been arried for 20 years and outright own our home. He refuses to sell at this time. I have access to a powerline in both our names which I could remove 45,000, if I purchase a house would he still have rights to it? we have no formal seperation agreemnet written up as of yet.I have no problem dividing later if thats the case I just want out!

1 Expert Comment

  1. On September 3, 2013 at 12:56 pm
    Jennifer M. Long, B.A. J.D. said:

    First, you have to ascertain that you are indeed separated. You can be living in the same home and still be living separate and apart. If you are in fact separated and you purchase another home, he would not have rights to it but I would be sure to confirm in writing that you wish to formally separate immediately. Technically, any monies you remove from a joint line of credit post-separation can presumably be reconciled with your equity in the home unless you own other assets of considerable worth, which I assume you do not from your question. However, the better move is to bring a court application immediately, or retain a lawyer to write to your husband and state that the home needs to be sold immediately as you require your equity. You should immediately seek the assistance of a lawyer to formally start the process.

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