Here’s what happens to the house after a divorce in Canada
This is true across Canada, adds Dargatz, because the Divorce Act is a federal statute. However, laws dealing with property division after a marriage breakdown differ from province to province. And if you’re in a common-law relationship, the Divorce Act and matrimonial property laws don’t apply to you.
Housing after you separate or divorce. From: Financial Consumer Agency of Canada. When you own a home together, you must agree whether you’ll keep it or sell it. If you keep it, you must choose who will stay in the home. If you have children, consider their needs.
After the divorce was finalized, my father passed on and left me enough to potentially buy my ex’s share of the house. I have made a very reasonable offer, but he is claiming that the property is worth much more, and rallying the neighbors to make offers to him.
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Divorce and Home Ownership. A house is more than an asset. It’s where you live.. It may make sense to own the house jointly for a period of time after a divorce. For example, Dad may agree to have Mom and the kids live in the house until the kids graduate from high school.. If that happens.
Unless you and your spouse can agree to an unorthodox living arrangement, it’s unlikely that you’ll both remain in your current home after the divorce. As such, one of you will have to find alternate living arrangements. If there are children involved in this process, it’s liable to become quite complex and bitter.
If you are the spouse who is giving up the house, have your partner sign a Deed of Trust to Secure Assumption. This gives you the right to foreclose and take back ownership if he/she fails to refinance and defaults on the mortgage. After the divorce is final, request that your lender notify you of any missed payments.
After the divorce my dad ghosted us for years. it about minor nuisances like a party at your ex’s house." Not that I suggest you say this out loud; neutral and unbudging is your best demeanor here.