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What is he entitled to when we separate?

Anonymous Asked:

We dated for about 6 months .In August 2009 he moved to my house I got after divorce from my previous marriage.In December 2009 he proposed. In 2012 I had to refinance my mortgage so I signed 1% of the house to my fiance . But our relationships getting worse, he is trying to take control of all aspects of our life, include finances . He is 15 years older than me, in 2 years he is retiring and it's looks like he is paving road for his "happy and blissful retirement". I just want to know what he is entitled to for when we separate?

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Jennifer M. Long, B.A. J.D.
10 years ago

I would require more information - did you actually marry? If so, you would share in the value of any assets accumulated during marriage. In terms of the matrimonial home, if you were married for less than 5 years, you can make an argument that he is entitled to less under the Family Law Act. If you were not married, we would have to look at what he contributed to the home and any of your assets as there is no automatic entitlement to property (except perhaps the 1% ownership is appropriate). The key question to start however, would be to know if you did indeed marry and when. I urge you to speak to a family law lawyer to give you advice on your options and to advise you on the information required to fully answer this question.​

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