Mortgage child support and remarrying

You have posed multiple questions. I answer them as follows:

1. In terms of the house, you are both entitled to an “equalization of net family property,” pursuant to the Family Law Act. Your wife will have to declare 100% of the value of the home. This will increase her overall net family property. The fact that your name is not on title means that this will increase her overall net family property. When dividing the property it is not done asset by asset, but rather the overall equalization of net family property is determined. You are welcome to telephone me at 877-668-9386 for a free consultation with respect to this, and the other questions noted below, if you wish further details.

2. In terms of whether you must provide her with child support for a child that is not your biological child, the answer is: “it depends.” If you have acted as a father toward that child in a meaningful manner then a Court could find that you are obligated to pay child support. I cannot provide you with any further guidance without first speaking with you and learning your facts.

3. Once you are divorced then you are allowed to get remarried. In terms of being remarried outside of Canada, it depends on the law in the jurisdiction where you wish to remarry. If you wish to remarry in Canada, after obtaining a divorce in Canada, then there should be no difficulty.

4. In terms of bringing a new wife into Canada, I assume that you mean that you wish to sponsor her. You are entitled to make an Application; however I cannot provide you with any guidance, without first speaking with you, in terms of whether you would be successful. I need to speak with you and obtain more facts.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).