December 5, 2020 at 6:33 am #253Harry StephensonParticipant
7 years ago I my parents and I purchased a property. I was in a relationship a the time but we weren’t married.
What happened was that I sold that home and, with my parents again, I bought another home. But this time I was married when I bought the other home, and my wife took no part of the purchasing process.
A few years back I refinanced my mortgage, took my parents off the loan, and put my wife on it. Now we have been separated since March 2020, and she has left the house.
I remain in the house with our two kids (aged 3 and 5) and have been paying the mortgage, rates etc since March 2020 with no help from her.
She never helped in any way with mortgage repayments as they were always from my personal account.
I now have 50% care of our children and she has a gambling addiction causing her to rack up thousands in debt.
I want her off my house title but she is sending abusive text messages and saying that she is going to take the house from me and that she wants her fair share.
I understand that I put my wife on the mortgage/house so to speak but I am wondering what I should do? I am so annoyed that she is trying to take this away from me knowing that I paid for it and did all the work to get the house while she was gambling.
Can anyone offer any advice? I have a full time job, zero debt, the kids are taken care of, and I’ve recently done home renovations with my own money etc.
Any help/advice would be appreciated.
December 5, 2020 at 7:08 am #254Felix SpencherKeymaster
Depending on the all the possibilities/circumstances what you have described can be complex and result in different answers.
It may be that your parents have a legal or equitable rights to a part of the value of your house or in the alternative, their contribution towards the house on your behalf can be considered in any property settlement.
In family law property settlement there are several factors that are considered to determine the division of property. Among the factors are;
1. Contributions to the welfare of the family, including home-maker contributions.
2. The future needs of each of the parties.
3. Financial contributions that are made directly or indirectly (e.g. by your parents) towards the acquisition, conservation or improvement of the property.
4. Non-financial contributions made directly or indirectly to acquisition, conservation or improvement of the property.
There are various other factors which need to be considered as well but at a basic level if one party’s contributions have been greater than the other then that will be considered and an adjustment can then be made in that party’s favour.
If one party’s future needs are greater than the other then those future needs will also be considered and an adjustment can be made in that party’s favour too. The circumstance of each party and person will be individually looked at and considered.
You have stated that you have children to look after which is an important factor, and you have also stated that your ex wife has gambling issues which can also be considered by the court. Gambling money during the relationship can be considered but it depends on the circumstances as to whether and how it affects any property settlement.
Ultimately, to get your wife’s name off the title of your property, your wife will need to agree to it, either that or you will need to negotiate a property settlement with her. That is the usual way it’s done.
Undoubtedly these circumstances are stressful, however, you both have rights which depend on all of the circumstances during your marriage and after separation.
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