Should we split the house up first ?

Fill out the form below to receive a no-obligation consultation

Name
First Last
Email
Comments
This field is for validation purposes and should be left unchanged.

Anonymous Asked:

My husband and I are going through separation. He suggests that we split the matrimonial house, which is under both our names first. Then figure out about other assets. What should I do? Should I split this first and then most probably fight about other property. Everything else is under his name and I doubt he will split it on his own.

Expert Comment:

Subscribe

1 Comment

Oldest

Newest Most Voted

Inline Feedbacks

View all comments

Andrew J. Kania, LL.B., LL.M.

6 years ago

Answer: I never recommend that a house gets split without first taking into account the overall equalization of net family property. Let me give you an example as to why. As a matter of theory, he may owe you a significant overall equalization payment that would lead a Judge to Order that you get the entire home. Of course, we need exact details to comment on your specific case, and if you wish a free consultation so that I can comment on your exact facts, please call me at: 866.557.3222. However, in the interim, please be careful.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

0

Reply

More Q&A

Main Categories in Q&A

All Divorce Separation Children Property

Latest Questions Asked:

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my ...

RESP

How is the remaining contribution room of a child's RESP shared (assuming an RESP is started but contributions are less than the maximum $50k per beneficiary) if no stipulation was made in the separation agreement? (Note: also assuming each parent cont ...

See All Questions