I bought my house before i was married, into our marriage he brought 2 small children, not a problem I love kid's. I worked, he worked we had a sitter for the children, wellll thing's started to get tight, and I decided to refinance my house. As a thought from him was .... why don't you put me on the application maybe it will be better... (major mistake). soooo I said ok...it was said so it was done. We have a joint checking account, so of course his name will be on the check with mine...BUT he has this account for cashing his check's ONLY. I alway's deposit mine, and write my bill's out, and my house payment is part of it. So since his name is on "our" check's the receipt is made out to him and me. I had thought of getting a checking account in just my name for paying bill's but oh well I didn't. we as a couple are not working out now, so we are divorcing!..I WILL f...ing fight for my house.
2006-09-02 19:35:04 · 4 answers · asked by zip1 1 in Family & Relationships ➔ Marriage & Divorce
1) it does not matter if his name is on or off title because you co exist as a couple in it,or you did therefor this property is considered a Matrimonial Home which is split evenly 50/50
2) What you are entitled to is the equity in the property prior to you co existing ,in other words if at that point you owed $100 000 on it and it was worth $125 000 ..you would be awarded $25 000 + 50 % of the increased value since the marriage.
This comes under Family Law in Ontario ...it may vary depending on where you live - the bank accounts & who pays what is a non issue when it comes to this. Good Luck and check with your lawyer for advise.
2006-09-02 20:47:03 · answer #1 · answered by nature4me 3 · 0⤊ 0⤋
Honey, the house is going to remain yours. All you have to do is prove that you owned the house prior to marriage. As far as the checking account, I'd put a hold on that for now and open a savings account in just your name to deposit your checks into and then pay everything in the form of money orders until the divorce is granted and you are allowed to remove his name from the checks.
You can breath a sigh of relief. You bank does keep copies of deposits dating back three to five years...call them and get them to prove that only your checks have been deposited and only your checks paid the house payment. If you do that, legally he can't touch it or it's equity. He may actually have to pay you money due to the refinance and the bigger debt if you took money out of the equity.
2006-09-03 02:41:55 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
Because you acquired the house prior to your marriage, I doubt he is entitled to any part of it. Unless he is suing you for a settlement that involves a portion of the home - I wouldn't worry about it. The internet has many really good divorce sites, usually their is one just for the state that you reside in. Sit down and talk to him about splitting up, there are plenty of good "do-it-yourself" divorce resources that can save you lots of $$$$$$!
2006-09-03 02:53:07 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It's still your house, but you co -own the refinance loan.
Pay that off, and his name is off the title, as far as I can figure.
2006-09-03 02:37:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋