sheena lee
Well-known member
I know this greatly varies depending on the country and state/province, but I'm just looking for some insight... because in my family I'm the go-to for legal questions and taxes, two things I know very little about. :facepalm: Whatever.
ANYWAY:
My aunt and uncle have been divorced for many years (I would say 6 years at least, but I'm not certain) after an abusive marriage. They're just now selling the home they used to live in -- well, more specifically, HE'S selling the home for $250,000 after putting about $50,000 into it. Now, he wants my aunt to sign papers saying she'll accept $40,000 of the money he gets, and he can walk away with the rest. She doesn't want to sign the papers, as she's co-owner of the home and thinks she's entitled to half minus the $50k he put in after they were separated.
My immediate thought was, of course she's entitled to half, it's property they both own, and in divorce property is separated 50-50, or on other agreed-upon terms (like if she signs those papers.) He never bought her out of the home, so it is owned by both of them.
But then homes are different, and there are stipulations.
My aunt did not work for many years because she's disabled, and has been since her second child was born some 24 years ago. She never collected disability, and though her name IS on the deed, she was a stay at home mother and did not contribute financially to the mortgage after she became disabled. Does that matter?
Neither of them have been living in the house for years. Is it still considered the matrimonial home? I believe they were married before buying the home, and the downpayment was entirely her money...
Is she entitled to $100,000? Or is she only entitled to the sum of what she paid of the mortgage as well as the downpayment? Thoughts? My aunt is still terribly afraid of my uncle, even though they now live in different provinces, and is scared to fight him for what she deserves...
ANYWAY:
My aunt and uncle have been divorced for many years (I would say 6 years at least, but I'm not certain) after an abusive marriage. They're just now selling the home they used to live in -- well, more specifically, HE'S selling the home for $250,000 after putting about $50,000 into it. Now, he wants my aunt to sign papers saying she'll accept $40,000 of the money he gets, and he can walk away with the rest. She doesn't want to sign the papers, as she's co-owner of the home and thinks she's entitled to half minus the $50k he put in after they were separated.
My immediate thought was, of course she's entitled to half, it's property they both own, and in divorce property is separated 50-50, or on other agreed-upon terms (like if she signs those papers.) He never bought her out of the home, so it is owned by both of them.
But then homes are different, and there are stipulations.
My aunt did not work for many years because she's disabled, and has been since her second child was born some 24 years ago. She never collected disability, and though her name IS on the deed, she was a stay at home mother and did not contribute financially to the mortgage after she became disabled. Does that matter?
Neither of them have been living in the house for years. Is it still considered the matrimonial home? I believe they were married before buying the home, and the downpayment was entirely her money...
Is she entitled to $100,000? Or is she only entitled to the sum of what she paid of the mortgage as well as the downpayment? Thoughts? My aunt is still terribly afraid of my uncle, even though they now live in different provinces, and is scared to fight him for what she deserves...
