Can I claim any rights on the property?

Anonymous Asked:

Hello, My husband and I have separated for almost 7 months now. He left me and my child at my parents house. He has mortgaged a property in Ajax under his name and his brother's name; valued at 350,000. I lived there a few years but was forced to leave. Can I claim any rights on the property. He is paying no support.

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Jennifer M. Long, B.A. J.D.

9 years ago

I would need to know if were legally married and if this property was owned by your husband during the marriage. If so, you likely have a claim to his share of the equity as this may be an asset accumulated during marriage and subject to division. However, if he owned it prior to marriage, you may only be entitled to share in the increase in the value of his share during marriage. Since there are many variables, it is best to seek the advice of a family law lawyer to give you proper advice.

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