If I buy a home can he take half of it?

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I have been separated since May 2013, but living in the same household. The legal aspect has been a lengthy process. We are finally going to our first court date but I want to buy a home now. I have found a home and need to make sure that he cannot take half of it. I will not be using funds from our marriage, it will be gifted money. He has been sleeping in the basement and I have been staying upstairs with the children. He wants the matrimonial home but won't take me off the mortgage. I have been approved from the banks and insurance company. If I buy a home can he take half of it?

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

10 years ago

Answer: You raise a significant property issue. The likely answer is that the new house should be protected, as long as there is no reconciliation. However, for a 100% answer you need to call me at: (877) 668-9386 for a free consultation so that I may ask you some questions.

(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 Douglas Briand for a free consultation).

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