Buying New Property when Separated

Posted in Location, Ontario, Separation, Toronto Downtown Core by Questions on November 24, 2013

I have been separated from my husband since summer 2011 and am currently waiting for the divorce to be finalized. I am wanting to purchase a new home with my new partner but I am wondering if my husband has any rights (financially) to the new purchase I’m about to make since we are not officially divorced yet. I don’t want to complicate things with my new relationship.

1 Expert Comment

  1. On November 27, 2013 at 12:36 pm
    A Family Lawyer said:

    The division of property issues in family law is primarily for the purpose of recognizing each spouse’s contributions during the marriage. Following the separation, obviously the spouses are no longer contributing to the accumulation and acquisition of property. There would be no reason that the former husband has any claim to the purchase of the property with the new husband. So, nothing is being complicated from purchasing the home notwithstanding the divorce is pending. However, you should consult with a lawyer about any issues as to taking liquid cash or money and paying it into a new home if you are in a position of possibly having to pay an equalization payment.

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