Legal Question in Family Law in Canada

Re: Who gets the house/who moves out

You may apply to the court for a divorce or a declaration that you and your husband have no reasonable prospect of reconciliation; alternatively you and your husband may enter into a separation agreement that determines the issue (if you can agree). Upon any of the foregoing occurring either of you can apply for a division f all of the assets (not just the house) and for spousal support from the other. There is no rule that specifies who "gets" the house; it will be divided by each of you receiving a portion of the equity, and if neither can afford to buy the other out, usually a court will order it sold. A division of the assets usually has nothing to do with whether or not there is to be spousal support.If you can nnotagree as to who will stay in the house, the Court will determine the equity you have, and normally will allow one of you to buy out the other by paying the other's share of the equity to the one moving out. You should both consider counselling to assist in deciding if the marriage is truly over, and if it is, then to assist in a peacable separation. You should seek the advice of a lawyer who can examine the issues in depth. Many lawyers provide an initial interview at no cost, so that you can better see what the benefits, liabilities and cost may be.