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Property division

Posted in Burlington, Location, Ontario, Separation by Questions on May 8, 2014

I separated from my husband 12 years ago and the house was worth so much and now the price has gone up. My husband did not want to pay me support and he did not. I was married for 30 years he never spent money on me or gave me the money for kids. He told me when the kids were small that if I pay for all the house expenses, my expenses and kids expenses he would pay off the house. I paid all the kids expenses house expenses and my own he paid mortgage even for that he physically abuses me and mentally abused me and he had all the money and my money was all gone as I made less than him. He was a truck driver and had women out side. He made me lot of false promises and when I asked for anything he would hit me and call me names. once the kids were grown up I called the police he never came to get even his clothes as he had another house somewhere and he was gone. I stayed in the house and he did not sign on the mortgage and I went and got private mortgage. I have been working part time and paying the mortgage taxes and bills and now it has taken a toll on my health and want to sell the house. I called him many times he did not pick up the phone and the times he did he told me he wants half of the price now and i want to pay him half of the price at the time he left so which one he should get? I have not money to go to courts and fight what other alternatives I have. He worked as truck driver all along and has his money and my money went into the house so practically he wants half of my salary if I give him half of the money from the house. In the mean time he got both of the kids got married and I was not part of it even in the house he cut me out once the kids grew up and everything in the house was for him and his family and now after separating it all came out. My son met me in Tim Horton to tell me that he his married and the father came along with him. He controlled my son conversation and my only was able to tell me a few things when he went to get a coffee. He told me in that Tim Horton that I got the house and now he is changing his word. My son is a witness to it. He lied so I would not make a scene there as I was the one who brought up the kids he did not he did pay a single cent for baby sitting. what is he entitled to from the house. He want to controll the money there is mental physical and emotional abuse all along
Please help

1 Expert Comment

  1. On May 8, 2014 at 9:32 am
    A Family Lawyer said:

    You need to consult with an experienced family law lawyer. The starting point will be the current or today value of the house. You need to evidence all of your contributions and efforts to the home since separation. He will be entitled to at least one-half of the value as of the date of separation. The increased value of the home from separation to today should be divided on the basis of contributions to the home. If he has made no contributions, then he should be limited to one-half of the value of the home as of separation. Not sure how you are going to evidence the value of the home on separation. His title and ownership interest in the property should be subject to your beneficial interest in the home. With his consent or acquescience, your continued to live in the home and contribution to its upkeep. You may not apply for child support unless the children continue to be dependents. So unfortunately there are no deductions from the value going to him. You did enjoy possession of the home without his access to the equity in the home. However, you primarily or solely paid the expenses on the home since separation. In order to divide your respective interests in the home, I would suggest that your contributions since separation be tallied. It should be noted that there is a 6 year limitation from separation to do an equalization of family property. However, again you should consult with an experience family law lawyer to discuss this situation.

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