# Decided to take the plung



## imhisbeautifuldisaster (Nov 15, 2013)

So I have finally decided I would be better off without hubby. It's been to much for to long. I'm hoping I can get some advice. First off we live in Ontario Canada. Hubby has permanent residence here as he is from Virginia. We have been married almost 5 years. I am the one who decided to end things and he's not in agreement at all, thinks we can work things out. I am 100% sure of my decision. Just looking for some advice or insight. I bought a house almost 3 years ago with my sister as Hubs didn't have the credit to be in the title and mortgage, so her and I "own" it. My name is on ALL of the bills, his are ok nothing. We also bought a brand new car about 2 months ago, this is in his name with me as a co-signer of borrower. Most things in the house we bought together throughout the marriage. I am just wondering what he would be entitled too. We have no savings and pretty much a few hundred dollars to our names. I make around $5 more an hour then he does and have carried us thus far financially. We really don't have any debt other then a line of credit my sister and I got to do some home repairs when we moved in. It's around $4000 owing. 

I'm really worried about what's going to happen to me financially. I don't want to end up in debt just to get out of this unhappy marriage but I know it's something I need to do. Any help would be appreciated.


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## Alrighty then (Apr 29, 2015)

Just talked to my lawyer in the US about buying a homes in my name only and he said it is still marital property even if titled in my name and I pay every red cent. It does not matter in my state how it is titled because it was bought with marital assets. Dunno about Canadian but man laws are based on common law from eons ago so it is likely similar in your country of origin but I don't know.


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## Jane139 (Jan 6, 2015)

It really all depends n the laws in your province/state. Here in US, everything acquired after the marriage, debts and assets can be 50/50 if a community property state. Some states let parties decide for themselves, others base it on income, etc...

You really need to speak to a lawyer ASAP to hold onto as much as you can. But it may not be possible. It just all depends upon the laws.


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## EleGirl (Dec 3, 2011)

Alrighty then said:


> Just talked to my lawyer in the US about buying a homes in my name only and he said it is still marital property even if titled in my name and I pay every red cent. It does not matter in my state how it is titled because it was bought with marital assets. Dunno about Canadian but man laws are based on common law from eons ago so it is likely similar in your country of origin but I don't know.


One thing you can do is to have a lawyer draw up a document that says that your husband makes no claim to the property... basically that it' your sole property.

When I married my second husband I paid off the costs he incurred in selling his house. He put zero down on the home that we purchased together. I put the entire equity from the home I owned prior to the marriage as the down payment on the house. So I would not buy the house with the that paper.

The agreement we had between us is that after we had been married for some time and he contributed to the payments and upkeep, we'd refinance and he'd be on the deed.

Well he ended up losing his job after 2 years and figured that he never had to work because he had me to support him and his kids.

So the house never was refinanced or his name added. Thank goodness my lawyer was one smart cookie.

When we divorced the house was mine.


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## EleGirl (Dec 3, 2011)

This might help.

Property Division in a Divorce in Canada

Getting Divorced - Service Canada

How to Prepare an Uncontested Divorce by Simple Application | The Law Society of Upper Canada


Since you and your sister bought the house together I assume both of you are on the mortgage and the deed.

My understanding is that Canada recognizes community property. So your husband has rights to 50% of the your equity in the home. He has no right to your sister's 50% of the home.

So basically at most, he'd have the right to 25% of the equity.

What is the source of your down payment?

If, for example your portion of the down payment came from inheritance that you did not comingle with community assets then you can claim that as our sole property. So he would only be entitle to 25% of the equity that has accrued since the purchase of the house.


As an example... (sorry about the use of $ but I think you can translate that).

You put down $10,000 as your part of the down payment. All that came from inheritance or money you had saved before you married. 

Your sister put in $10,000 from whatever source.

Now between what has been paid on the mortgage and market increase, the equity is now $30,000.

So your portion of the equity is $15,000.

Subtract out your $10,000. That leaves $5,000 equity that is community equity. So your husband's portion of the equity in the house is 50% of the $5,000, or $2,500.

Now if your down payment was out of funds that you saved while married to him, then he gets 50% of the $15,000.. or $7,500.

Debt.....

Each of you will most likely get 50% of the debt.

But you can do creative things like you will take an amount of the debt equal to his equity in the house if he will give up all claim to the house.

Have him refinance the car. Letting him keep a car that you cosigned on might mean that he stops payments out of spite or irresponsibility and you get stuck paying or the car goes into default and now your credit is ruined.


You need to talk to a lawyer. Some will do free first consults for .5-1 hour. So you could interview 2-3 to get an idea what you are looking at. Or you can do a lot of research online and do your own uncontested divorce.

If you get a lawyer, make sure it's a person who will protect your interests in the house, get you out of that car obligation and deal with the debt fairly.


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## imhisbeautifuldisaster (Nov 15, 2013)

Thanks for your reply. As for down payment, we didn't have one. We borrows everything on the mortage. The only money we had to put down was the $2000 deposit and we split they with my sister. My sister and I are on the deed only. So I need to find out how much equity we have in the house? It been only 2 years so I can't see it being much.

As for the car, he doesn't want it. Since he is going back to the U.S. He really can't take it. So I will be stuck with it. I have my own car that's fully paid off, I don't need, nor can I afford another. 

I will have to call more lawyers offices. The few I called wanted $350 for the consult.


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## EleGirl (Dec 3, 2011)

So make him an offer:

He makes no claim on the house since there is no equity in it.

You keep the $4,000 debt in your name. In exchange for his you keep most of the household items. Let him pick a few that he really wants. 

You split the few hundred you have in savings.

He has to deal with the car by refinancing it, or selling it, or giving it back. HE could just sign a power of attorney giving you the right to make whatever agreement is needed to get rid of the car. That way he can head back to Virginia free of all obligations.

There is your divorce. You don’t need a lawyer. 

Sounds like a win/win for both of you.

Here is one site for preparing an uncontested divorce by simple application. If it’s not for your province, I’m sure that you can find one that is.

How to Prepare an Uncontested Divorce by Simple Application | The Law Society of Upper Canada

He cannot stop the divorce. So file it. If he contests what you are offering he’ll have to come up with the money on his own to do so.


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## Jane139 (Jan 6, 2015)

You may need to have the house appraised. If the value increased, that could affect things too.


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