Legal Question in Family Law in Canada
Separation
My husband left our home 20 years ago. We have not divorced but maintained a relationship (strictly platonic) for the sake of the children. The ''marital home'' is in my name because I paid the mortgage on it. My husband (now 70)has always struggled with finances. He is almost destitute now and owes at least $15,000. on credit cards and perhaps has other debts too.
Can anyone put a lien on my house to pay for his debts?
To help him pay off a loan for property he bought 20 years ago, I allowed him to put a mortgage on my home. I received no benefit from his property. He has now repaid the mortgage. Does this create a problem for me with relation to the ''matrimonial home''?
Is there a time frame identified (as there is to establish a common law marriage)for separated couples that prohibits one or the other to make claims for support/matrimonial home?
1 Answer from Attorneys
Re: Separation
THIS REPLY IS APPLICABLE TO BRITISH COLUMBIA ONLY.
No one can put a lien on the matrimonial home as a "lien" has no application to this situation. You likely owe your husband a share in the matrimonial home; as he is destitute he may have a claim on you for spousal support. In B.C. any time within which he is allowed to make a claim for a share of the home starts at the time of divorce (or a court making an order that there is no reasonable prospect of reconciliation, or at the date of signing a separation agreement-neither apparently applies in your case.) For you any time within which your husband must apply for a share of the home has not yet started. The balance of your concerns I can not answer as there is not enough information (i.e about the mortgage - and I would have to see the documents themselves to answer - they are obtainable from the land title office).
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