Advice needed on a serious matter.

[clintE]

I've retired but i know there are sharp minds here, At least, there used to be.

A female Japanese friend bought a house with her new Canadian husband in Ontario. He left her 10 years later with a young son and moved in with another woman, Her parents gave her money to put into their down payment towards their house. The mistress wants half the house now because they are now common law.

I said no way as no judge will ever give it to the mistress as it was bought before he cheated on her.

She is very worried and asked me for advice, So I am asking my old friends here and new members.

What are her rights?.

Thank you for taking the time to read this.

 

[Lily of Montreal]

Common law spouse has no rights, kids do but the legally married is the one getting the house...

My sister lost her house that way,she stupidly didn't ask for her name on the mortgage,no wedding ring= nothing goes to her...

 

[catherine st.claire]

Speak with a lawyer, Ontario has very different common law legislation. And as an aside, anyone who struggles with the legal costs should look into LegalSheild. It's a prepaid legal insurance that costs $40/mth and covers just about all the legal costs of this sort of thing. I've had it for years, first in the US and now it's in Canada. It's well worth the coffee a day it costs...

smiles, cat

 

[God]

Common law spouse has no rights, kids do but the legally married is the one getting the house...

My sister lost her house that way,she stupidly didn't ask for her name on the mortgage,no wedding ring= nothing goes to her...

A friend of mine is going through a similar situation. So I can tell her not to worry because they have both their names on the house.

How sure are you on this?.

 

[Lily of Montreal]

A escort board might not be the best legal source but unless it is different in Ontario ( I am in Quebec) if my sister has been married or at least has her name on the paper she would have gotten half instead of losing everything.
Cosmic karma did got him in the end: he died and she got the house back as it went to her daughters...

 

[TommyJohn]

A escort board might not be the best legal source

Cheaper that hiring a lawyer

 

[Boing]

You see guys. Never get married, too many headaches.

 

[Madman]

Common law spouse has no rights, kids do but the legally married is the one getting the house...

My sister lost her house that way,she stupidly didn't ask for her name on the mortgage,no wedding ring= nothing goes to her...

Ding ding din, Lily wins my pickle ummmm sorry I mean Lily has the correct answer.

 

[nntsci]

I've retired but i know there are sharp minds here, At least, there used to be.

A female Japanese friend bought a house with her new Canadian husband in Ontario. He left her 10 years later with a young son and moved in with another woman, Her parents gave her money to put into their down payment towards their house. The mistress wants half the house now because they are now common law.

I said no way as no judge will ever give it to the mistress as it was bought before he cheated on her.

She is very worried and asked me for advice, So I am asking my old friends here and new members.

What are her rights?.

Thank you for taking the time to read this.

The wife is entitled to half the house and half of all marital assets period... regardless of how much she/he put into the house.
Even if there was a prenup, after 10 years in the house, that would likely be overturned, especially if she can prove she put money into the house.
I assume the wife is still living in the house? and that they are only getting divorced now.

the husband's common law lover could claim some of the house to the extent that she was paying into the house's mortgage or other expenses but that would come out of the husbands half... not the wife's half.

 

[nntsci]

Common law spouse has no rights, kids do but the legally married is the one getting the house...

My sister lost her house that way,she stupidly didn't ask for her name on the mortgage,no wedding ring= nothing goes to her...

Not necessarily... if she paid into the mortgage or other expenses, then she can claim fair compensation, but its definitely more complicated than if she was married. She'd need to be able to prove that she paid some of the expenses. I know of a dispute where the house is in the woman's name, but her live in lover paid the mortgage and (has to receipts to proved it)... She can't get rid of him because she can't afford to pay him off (he wanted 45K, which is actually pretty reasonable). So they're still together living in misery.

 

[Lily of Montreal]

That's terrible! This is no way to live...I do not get people who stay together when the love is gone,be it for the kids or the money...

 

[papasmerf]

That's terrible! This is no way to live...I do not get people who stay together when the love is gone,be it for the kids or the money...

She can leave anytime she wants.

He on the other hand just wants what is his.

 

[nntsci]

That's terrible! This is no way to live...I do not get people who stay together when the love is gone,be it for the kids or the money...

well, she's not a very nice person (used to be a friend), so I have no sympathy for her... or him... thank god they have no kids...

 

[ReservoirDog]

thank god they have no kids...

Don't thank god, blame Trump.


LMAO, I had to say that. Trump is being blamed for everything, even the earthquakes in Mexico. I read that one on another thread, had to repeat it :don'twantto-see:/

 

[cristycurves]

I tried to post to this yesterday but every time I'd hit post quick reply it'd then ask if I wanted to stay or leave, then nothing...So I'll try again. This link has general answers to most questions pertaining to property law and divorce. Best of luck. Property Division in a Divorce in Canada

 

[Madman]

I tried to post to this yesterday but every time I'd hit post quick reply it'd then ask if I wanted to stay or leave, then nothing...So I'll try again. This link has general answers to most questions pertaining to property law and divorce. Best of luck. Property Division in a Divorce in Canada

Many sites seem to have glitches of late and don't get me started on Captcha thingy! It drives me to drink

 

[papasmerf]

Many sites seem to have glitches of late and don't get me started on Captcha thingy! It drives me to drink

Which is why I have had to put locks on the public restrooms.