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Can I place a lien on my wife's home?

 
 
Montana
 
  1  
Reply Tue 25 Dec, 2007 10:14 pm
2 words (or is it one?)

Pre-nup ;-)
0 Replies
 
Montana
 
  1  
Reply Tue 25 Dec, 2007 10:15 pm
Anyway, I'm no lawyer either, but I agree with Tico.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 25 Dec, 2007 10:19 pm
squinney wrote:
Hold your hats. I'm going to agree with Ticomaya.

I'm not an attorney, nor do I play one on tv. (Nor did I stay at a Holiday Inn last night, but that's neither here nor there.)

Anyway, if they were married when the property was purchased, and IF she paid for it with her own funds, maybe doing so put a higher financial burden on him in the joint asset / living column of the ledger. If so, he may be able to claim some portion of the home or have the joint assets weighted to reflect his larger contribution to the marriage even if individual funds (such as from an inheretence) were not intermingled.

Just a thought.


Hey, squinney ... I'm sure it happened at least one other time. Very Happy

You raise some good points. There are a lot of variables here, and he really needs to talk to a DR lawyer to discuss his particular circumstances.
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McTag
 
  1  
Reply Wed 26 Dec, 2007 03:50 am
ehBeth wrote:
The law is one thing, TicoM. His thinking he has a right to ask for anything is something else entirely.

I'm asking why he thinks he has the right to expect anything. You know - as a right-thinking human. Of course, I'm assuming that's what he is.


On the other hand.....plenty of women in this county (if newspaper reports are to be believed) walk away from marriages with far more than they ever contributed.

The argument seems to be, that the ex-husband, if he is rich, has to provide for his wife in the manner to which she has become accustomed (as the direct result of her marriage to a rich man)

It's a minefield, and lawyers make a good living there.
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Mame
 
  1  
Reply Wed 26 Dec, 2007 06:18 am
McTag wrote:
ehBeth wrote:
The law is one thing, TicoM. His thinking he has a right to ask for anything is something else entirely.

I'm asking why he thinks he has the right to expect anything. You know - as a right-thinking human. Of course, I'm assuming that's what he is.


On the other hand.....plenty of women in this county (if newspaper reports are to be believed) walk away from marriages with far more than they ever contributed.

The argument seems to be, that the ex-husband, if he is rich, has to provide for his wife in the manner to which she has become accustomed (as the direct result of her marriage to a rich man)

It's a minefield, and lawyers make a good living there.


Well, if he's been doing the shopping, the cooking, the cleaning, the laundry, the babysitting and the chauffeuring about (not to mention errands and bill paying), then I would agree that morally anyway he's entitled to half of the house she bought.

That's why women have gotten half, McT, because they're unpaid for all that they do, regardless of whether they have a job outside the home.

Today things are quite different between couples... many men do as much or more of these jobs as women, and many women contribute as much or more of the family income as men. It's not an automatic assumption in BC that the women will get alimony ... but good arguments can be made for it, depending on their agreement, length of marriage, and other factors. Alimony also seems to be for a limited period of time nowadays, too, usually enough to educate the wife for working purposes.
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McTag
 
  1  
Reply Wed 26 Dec, 2007 07:50 am
I don't want to upset the sisterhood here, I'm convinced of the merits of the case already.

But just for argument's sake....a woman gets married to a garage mechanic, she gets half of their joint worth on divorce.
A woman gets married to an investment banker, she gets half of their joint worth on divorce.
These women have done the same housewifely duties, say.

The investment banker might feel he should have married the garage mechanic's wife.
0 Replies
 
parados
 
  1  
Reply Wed 26 Dec, 2007 08:29 am
I am not clear why you want to put a lien on her house. If she sells the house any profits would be considered assets. Any sale would be publicly recorded and impossible for her to hide.

If you are worried she will sell the house to a friend for less than its value in some kind of deal to get it back later then you can take that to the court when it happens.

Of course the reverse is also true. If she is unable to make payments on the house and it goes into foreclosure are you willing to take half the loss?
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McTag
 
  1  
Reply Fri 28 Dec, 2007 05:07 pm
Are we all done here? I saw this in a collection of year's quotes, and thought of this thread:

"The wife did not teach the husband to swing a golf club."

From Greg Norman's divorce petition challenging his wife's claim to half of his fortune.
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ehBeth
 
  1  
Reply Fri 28 Dec, 2007 05:56 pm
McTag wrote:
But just for argument's sake....a woman gets married to a garage mechanic, she gets half of their joint worth on divorce.
A woman gets married to an investment banker, she gets half of their joint worth on divorce.


Doesn't work that way here (in Ontario). I guess it depends on how the particular jurisdiction defines "equity". I know that length of marriage (as well as financial and in-kind contribution) has an effect on the outcome here.

~~~

Best get a lawyer. Then you're sure at least one person's gonna end up enriched.
0 Replies
 
Shawanga
 
  1  
Reply Sat 12 Jan, 2008 10:39 am
Phoenix32890 wrote:
Did your wife buy the house with her own funds, and put it in her name only? Unless you live in a community property state, you might have a problem. You really need to ask an attorney about this.


The house was bought with joint funds. It was titled in just her name.
0 Replies
 
Shawanga
 
  1  
Reply Sat 12 Jan, 2008 10:47 am
Re: Can I place a lien on my wife's home?
ehBeth wrote:
Shawanga wrote:
he purchased a home? why should you have any right to it? what have you contributed to the purchase and upkeep of the house? have you paid the taxes? insurance? what contribution have you made to the house that makes you getting any piece of it equitable?


The home was purchased with joint funds. I contributed to the mortgage payments, taxes, etc. At the time it was best, I thought, to title it just in her name. Love is not only blind, it can also be stupid!
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CalamityJane
 
  1  
Reply Sat 12 Jan, 2008 01:14 pm
If you can prove that you contributed to the purchase, as well as the
mortgage payments, taxes and upkeep, I see no reason ,why you should
not benefit from your fair share of the sale.

However, as it was suggested before, you need to consult an attorney
to proceed with the necessary injunctions (lien etc.)
0 Replies
 
 

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