Splitting the house after a seperation.... Am I entitled to anything at all?

Question

I know I already asked somewhat of the same question, but have a bit more I need to know. I was told today that I am only allowed half of the house when it sells. Problem is my ex refuses to sell, stating it's his house and he will do what he wants with it. I don't want to walk away with nothing, and have put my own savings and some inheritance to the house and it's upkeep. Am I entitled to anything at all, or do I have to walk away empty handed until he sells in 100 years?

We live in Ontario Canada, and were legally married when we bought the house. I was the second signer when we bought the house. Thanks so much for all the input.. it's easing my mind a lot!

Also, we haven't entered the court systems yet. Just talk between us right now. I have yet to get a lawyer as I have three young children to look after first and foremost. He is going to talk to a lawyer on the 29th of this month.

Answer 1

No, what will happen is simple. You need to find out, through you mortgage company, how much equity you have in the house. If you bought the house for $100K, and have paid off $30K of the principle, that is how much equity you have. Your soon to be ex can keep the house, but he would have to buy out your half of the equity, $15K. Then, the mortgage would be altered to show you are no longer responsible for the debt remaining on the house.

Get an attorney if you do not have one. They will make sure you get your half of the marital assets. All property and debt abtained during the marriage is community property. so, if you have $30K in equity in your house, owe $10K in credit card debt, you rightfully have $15K in assets and $5K in debts. Your best bet is to take you half of the debt and equity, use the equity to pay off the debt, and be left with $10K. These numbers are made up, and it generally isn't that simple. But, hopefully you get the point.

Vehicles generally remain with the person that drove them daily. Meaning, if you have a car, and he has a truck, you each keep them. If either is owed on, that debt generally goes with the person taking the vehicle.

Answer 2

Can you provide the following information to help anyone attempting to answer your question:

1) What country, and state do you live in?
2) Were you and the other side legally married?
3) If you are married, do you currently have a court case filed with the court? If so, what type (divorce/dissolution, separation, etc.)?
4) If there is a court case, were any orders made about the house?
5) If married, was the house purchased during the marriage?

Depending on these factors, and some more not listed, your answer will vary greatly.

Answer 3

If the home has any equity, then you should be compensated when the common assets are splits.
Just let your lawyer know, that you have no desire to keep the home, and want your portion of the equity. This shouldn't be a problem unless the home is not considered joint property. This sometimes happens if you have a prenumptional, the home was purchased prior to the marriage, or the home was an inheritance to the ex.

Answer 4

If you were legally married to this guy, you are definitely entitled to half the value of the house. Also, if you can show that you put a part of your savings and inheritance into the upkeep of the house, you may be entitled to at that amount plus half of the increase in the value of the house since you bought it. You may have to wait for sale though to collect this amount and if it is his name only on the deed, you may have no power to force a sale.

Answer 5

Not sure how your family/probate court will act on this, but an ordinary joint ownership situation like this can be resolved with a motion for partition & sale. Check with your lawyer, and if you don't have one, get one. You might try mediation for the property settlement. Need to supply more facts (what state, community property laws, who holds legal title & in what form) to get a better answer.

Good Luck!

Answer 6

Not sure what your local laws are, but most places I know, if it's been determined that you have half ownership of the house, if he does not want to sell, he will be required to "buy" your half from you. He can do that by getting a second mortgage or refinancing, and will have to give you your "half" of the appraised value at settlement/closing. Make sure you get a good appraiser - not someone of his choosing that will give a low estimate of the home's worth.

Answer 7

appears like you dont anticipate to be jointly with her perpetually, and also you dont believe her both. so i might want to be more effective in touch about that then what she might want to probably take interior the destiny. you're right australian regulations do now think about diverse contributions to the major different and toddlers, like cleansing, or grocery procuring or determining to purchase a number of the expenses, this became so as that some one like a housewife who couldnt provide monetary contribution might want to nonetheless have the contribution she did make acknowledged and for this reason might want to recieve a share of the resources. Having toddlers gained't impression the outcome of who receives what, thats an total different criminal matter that you'll ought to bypass by ability of, and are you confident she will be in a position to be information about asking her to signal something telling her she has no possession over the living house and so on? Cos if my major different requested me that identity be tremendously annoyed, its a demonstration that you imagine she isnt honest, she is grasping, and also you anticipate the relationship to fail. when you're heavily in touch about it i advise you bypass and see a criminal professional, its a touch funds to spend now for lengthy time period peace of ideas.

Answer 8

unfortunately for him, if you are entitled to half the house, there is nothing that he can do. He either has to "buy" your half from you, or sell and split the money. Dont just walk away from it!

Answer 9

I'd kill him and collect the insurance money and his house.