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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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My daughter lives in Ontario and her husband left her for another

Resolved Question:

My daughter lives in Ontario and her husband left her for another woman just before last Xmas. They are currently going through a 50-50 separation process but he is saying he is going to take her to court to get her removed from the house. It is a joint mortgage and she wants to keep the house because it is her home and is prepared to pay him what will be awarded to him in the courts decision. She is being constantly harassed by him and it is making her lose weight due to the stress. We live in the U.K. and would like to know if he can get her removed as this is also very stressful for us as well, we are 75 and 68 years old and very concerned for her welfare. Can he do this even though he left her? Thank you.
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

Is this a legal marriage or a common law relationship?

Whose name is XXXXX XXXXX to the house?

Are there children?
Customer: replied 3 years ago.

The marriage is a legal marriage and both names are XXXXX XXXXX title to the house. The mortgage repayments are made jointly and no default has occurred by either party. There are no children from this or any other relationship. Our main concern is that although our daughter has paid for the majority of investments she stands to lose everything. Can he legally take her to court to get his share of equity sooner than waiting for the courts decision on a separation agreement. Thank you.

Expert:  Legal Ease replied 3 years ago.
How long were they married for?
Customer: replied 3 years ago.

They were married in the UK on April 30th 2005, 9 years, but have been together for 13 years.

Expert:  Legal Ease replied 3 years ago.
The law in Ontario is the value of the home will be shared.

And they will also share equally in the value of all assets acquired during the marriage, aside from gifts and inheritances. They will share in the increase in value of any assets brought into the marriage.

The both have an equal right to possess the home as this is their matrimonial home and he cannot compel her to leave.

If he won't agree to let her buy him out then it's most likely the court will order that the house be sold.

If she does not have a family lawyer she should retain one now.

Your daughter can contact the Law Society and use their Lawyer Referral Service. She will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)
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