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yiger009
Oct 6, 2009, 05:36 AM
I am going through a mediation process with a husband I lived with only 7 years.

He is asking for half of all assets... I don't have any money except my house which has been mine for 20 years... if I cannot pay what he is asking... can he legally put a lien
On my house without my permission and signature... please answer asap

stevetcg
Oct 6, 2009, 05:38 AM
If you are ordered to pay half, then yes, he can lien your remaining assets until he is paid what is court ordered, yes.

yiger009
Oct 6, 2009, 06:17 AM
I am from ontario... I bought my house 20 years ago... married 7 years ago...
husband brought nothing to this marriage by way of material assets.. and paid nothing
while living here... I covered all costs including insurance etc... why is he allowed to take
half of all my assets...

he also wants my car which he gave me as a gift for a wedding present... and wants
full value of 35,000... its a 2001... are these possible... I am devastated..

yiger009
Oct 6, 2009, 06:44 AM
Do you answer questions from ontario residents... and if not... do you know where
I can go to get this information... tks for a quick reply..

tickle
Oct 6, 2009, 09:09 AM
We are from all over, yiger, we have some Canadian experts. Sometimes our US experts can help with Ontario law. What is your question ?

Ms ticle

tickle
Oct 6, 2009, 09:36 AM
Yiger, I know you came here for answers, but every divorce is different. If he said he gets half then he may be wrong seeing as you owned the house before marrying him.

As for the car, well it isn't worth 35,000 now if it's a 200l, but why does he want money and the car ? I don't think so. If worse comes to worse, then the car will be sold and the proceeds divided down the middle.

You need a lawyer, get one, get the correct information for your own piece of mind as it seems your divorce may get unpleasant.

Ms tickle

yiger009
Oct 6, 2009, 09:36 AM
We are from all over, yiger, we have some Canadian experts. Sometimes our US experts can help with Ontario law. What is your question ?

ms ticle

thank you for answering... I have owned my own home for 20 years... I married 7 years ago... we separated after 7 years... he came to the marriage with nothing but the clothes he owned... I own all contents... payed all expenses insurances etc... he wants half of everything including the car he gave me as a wedding gift... (only material thing I got...
he wants full value for car 35,000 and it's a 2001... and then half of everything... I am ill
about this... I am 74 yrs. Old... he is 87... I worked hard to get this... and have no excess
monies... can he do this... he also signed a paper (not done by lawyers) and witnessed
x2 according to the law... apparently this will not work... what is he legally entitled to under ontario laws...

tickle
Oct 6, 2009, 09:39 AM
I answered your other question, yiger. Please follow only one thread.

Ms tickle

cdad
Oct 6, 2009, 01:00 PM
I am from ontario....I bought my house 20 years ago....married 7 years ago...
husband brought nothing to this marriage by way of material assets..and paid nothing
while living here...i covered all costs including insurance etc....why is he allowed to take
half of all my assets....

he also wants my car which he gave me as a gift for a wedding present...and wants
full value of 35,000.........its a 2001.....are these possible... i am devasted..

He may be entitled to 1/2 of the value of the assets but not the entire asset. It works on sort of a sliding scale. An increase in value of $10,000 would mean he gets $5,000. But your original purchase price and value of the home before marriage would be yours to keep. It can get complicated but that's how it works for you.

Reference:

Ontario property divorce laws (http://www.ottawadivorce.com/propertydivision.htm)

tickle
Oct 6, 2009, 01:31 PM
Hi cal, I am familiar with it, I have been there and done that. Why is your answer different from mine ? I don't mind the reddie by the way, just wondering. My ex years ago thought he would walk off with half of a house I had bought and lived in for years before I married him. He was granted less then a third. I think this is what I was trying to convey. That is why I said every divorce is different, different circumstances, different assets, etc.

The first thing I did was get a good lawyer.

Tick

cdad
Oct 6, 2009, 02:26 PM
hi cal, I am familiar with it, I have been there and done that. Why is your answer different from mine ? I dont mind the reddie by the way, just wondering. My ex years ago thought he would walk off with half of a house I had bought and lived in for years before I married him. He was granted less then a third. I think this is what I was trying to convey. That is why I said every divorce is different, different circumstances, different assets, etc.

The first thing I did was get a good lawyer.

tick

It seems to me that if you do know the correct way its suppose to work there then that's how the advice should go. Your answer was unclear. The link I posted shows how the rules are and how they apply to any given situation in that province. Information is a powerful tool and in giving it correctly it really helps. I don't know everything about canadian law nor do I claim to but I know what I have read. Its by formula. So its not a straight answer but one can read how it applies to them. That's how I believe my answer was different then yours. It points to the law itself.

yiger009
Oct 7, 2009, 07:07 AM
If a lien is put on personal property... do you have to be notified that the lien is
Going to be put on??

The answers I have been reading on this site are wonderful... I am so happy I found it.. tks

this8384
Oct 7, 2009, 07:18 AM
if a lien is put on personal property....do you have to be notified that the lien is
going to be put on????

the answers i have been reading on this site are wonderful...i am so happy i found it.. tks

Glad you like the site :)

As far as I'm aware, you do not have to be notified that the lien is being placed. Could you give us some more specifics of your situation?

EDIT: After reading through your other posts, there is a LOT more to this story and it doesn't appear that any lien has been placed at this point.

Also, you do not need to keep opening new threads every time you have a new question about the same situation. You can simply post your question in your original thread and everyone who is subscribed to that thread will be notified of a new post.

ScottGem
Oct 7, 2009, 07:28 AM
First please don't keep starting a new thread for each follow-up question. Just use the Answer This question options for follow-up.

I would strongly advise seeing a divorce attorney. They can advise you what assets are marital and would have to be split. He can ask for anything he wants, but the law provides rules about what he can get or not.

since you have owned the home since before the marriage, its unlikely he would be entitled to half the value, more likely he would be entitled to half the change in value since the marriage.

As for a line, no, you wouldn't have to be notified that one was placed. However, before he could place a lien, the divorce would have to be finalized and an amount you might owe him listed as part of the divorce settlement. Then and only then, if you do not pay what the court allowed him, could he place a lien.

yiger009
Oct 9, 2009, 05:01 AM
Absolutely it has helped... this site is awesome.
However, I don't know what a thread is and I don't
Know how not to post in the same one... a suggestion please

ScottGem
Oct 9, 2009, 05:11 AM
absolutely it has helped....this site is awesome.
however, i dont know what a thread is and i dont
know how not to post in the same one...a suggestion please

A thread is the original question and the responses posted to it. And I told you what to do, use the Answer This Question options at the bottom of the thread. What I suspect you have been doing is clicking the Ask About <forum name> button at the top of the thread which starts a new thread. If you haven't already, please read the FAQs under Help that explain how to use this site.

yiger009
Oct 9, 2009, 01:03 PM
Yes I received this and I will try to understand.. tks.