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Thread: Advice for buying a home and how to protect it in case of separation

  1. #1

    Advice for buying a home and how to protect it in case of separation

    Hi all,

    Quick question for those with experience. I am looking to buy some sort of home in the next year or so (condo, townhome, semi) and given that I will make this big investment I want to protect myself in case I get together with a woman ever. A lot of relationships fail and I don't want her to take half of property. I've thought about putting this in a parents name would that work? Or what would be best?

    Thank you

  2. #2
    Quote Originally Posted by jackal2006 View Post
    Hi all,

    Quick question for those with experience. I am looking to buy some sort of home in the next year or so (condo, townhome, semi) and given that I will make this big investment I want to protect myself in case I get together with a woman ever. A lot of relationships fail and I don't want her to take half of property. I've thought about putting this in a parents name would that work? Or what would be best?

    Thank you
    As long as you remain Common-Law, as far as I understand, she has no right to the home which you paid for. If the relationship breaks down - just kick her out.

    Now there is such a thing as 'Unjust Enrichment' - but that would occur if she contributed some manner of monies to renovating the place which result in the equity increasing.

    As soon as you get married, she automatically gets an interest to the "Matrimonial Home", regardless of who paid for it; and you can't just remove her from the home.

    Alternatively; screw having a relationship and just stick to seeing SPs; like you said, 'a lot of relationships fail' and you got too much to lose.

  3. #3
    Find a woman that owns and has her own place. Have a relationship and Sleep overs at each others place but you have your house and she has hers. It's good for the relationship and even better for your bank account.

  4. #4
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    Quote Originally Posted by jackal2006 View Post
    Hi all,

    Quick question for those with experience. I am looking to buy some sort of home in the next year or so (condo, townhome, semi) and given that I will make this big investment I want to protect myself in case I get together with a woman ever. A lot of relationships fail and I don't want her to take half of property. I've thought about putting this in a parents name would that work? Or what would be best?

    Thank you
    put the property ONLY in your name
    quote by Steph from Vixens

    I'm a western woman. Here is what i've learned, both in my own life and from what my girlfriends tell me.
    Women want a man that is worthy of their RESPECT. Period. It doesn't matter to most of us if you drive a fancy car, or if you're 6 feet tall or if you make a gazillion dollars. We want to respect you. As MEN.


    2 homes http://canadaman.nibblebit.com/
    and
    https://private.kinky-blogging.com/

  5. #5
    Quote Originally Posted by canada-man View Post
    put the property ONLY in your name

    Rent your property out, and move into a rental property when you're ready to co-habitat.

  6. #6
    Quote Originally Posted by jackal2006 View Post
    Hi all,

    Quick question for those with experience. I am looking to buy some sort of home in the next year or so (condo, townhome, semi) and given that I will make this big investment I want to protect myself in case I get together with a woman ever. A lot of relationships fail and I don't want her to take half of property. I've thought about putting this in a parents name would that work? Or what would be best?

    Thank you
    This is very complicated and you should definitely spend the dough to get the advice of a lawyer as it will pay off in the long run if it comes to this.

    Aria Alexander

  7. #7
    Quote Originally Posted by Spunky1 View Post
    Find a woman that owns and has her own place.
    A single woman with her own home? Easier said than done.


    "Death by violence, death by cold, death by starvation, - these are the normal endings of the stately and beautiful creatures of the wilderness. The sentimentalists who prattle about the peaceful life of nature do not realize its utter mercilessness" - Theodore Roosevelt

    I want you to point your finger at me. I want you to call me names.

  8. #8
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    Spend a few thousand bucks.....set up a family trust.

    Buy the property in the name of the trust. You as trustee can be the underwriter of the trust of the mortgage....but the ownership is in your family trust, not you. Problem solved. ....(I learned the hard way in the first round of marriage.....had great lawyers who set me up properly for the future

  9. #9
    Quote Originally Posted by Smallcock View Post
    A single woman with her own home? Easier said than done.
    I know of quite a few, Funny thing is most got them through their divorce settlement !
    majority have kids as well.
    One couple I know both are happy living apart. They spend time at each other’s places but she has her own
    Condo, and he has a live/work studio.The talk of living together has come up many times but their content with things
    the way they are.
    Last edited by Spunky1; 04-13-2019 at 10:08 PM. Reason: Spelling

  10. #10
    You need a pre nuptial agreement. I regret not getting one done before I got married.

  11. #11
    Quote Originally Posted by Richard.TO View Post
    You need a pre nuptial agreement. I regret not getting one done before I got married.
    What's the real deal on pre-nups? The buzz is that they are all but pointless, but the buzz isn't always right.

    KK

  12. #12
    Quote Originally Posted by kkelso View Post
    What's the real deal on pre-nups? The buzz is that they are all but pointless, but the buzz isn't always right.

    KK
    The big is issue is kids. If kids are Involved all bets are off and the judge with see to them first.

    The best advice on here is to spend a thousand on a decent lawyer for a few hours of work.
    I endorse Senator Bernie Sanders for President in 2020.

    It is my hope Tulsi Gabbard becomes his running mate.

  13. #13
    Quote Originally Posted by kkelso View Post
    What's the real deal on pre-nups? The buzz is that they are all but pointless, but the buzz isn't always right.

    KK
    What buddy said above, you can't sign away the rights of children.

    Also make sure the agreement is done as early as possible, last minute might imply duress
    Make sure she gets independent legal advice regarding the document
    Make you you disclose everything you bring into the relationship... even the kitchen sink

    There is a thing where if you get a solid prenup and boot her on the street penniless she can go after you for some transitioning money but as I understand it, the courts will expect her to be on her feet in about 6 months so if she is completely broke and doesn't work, allocate a bit of money for that.

    That's all the downsides I can think of.

    If you meet all those conditions you should be safe in Ontario, double plus so if it's only common law and not actual marriage.

  14. #14
    note for a post above - having the house solely in your name is completely immaterial as far as division / calculation of marital assetts is concerned under ontario family law

    - eg. you own a $500,000 home solely in your name - the second you are married, $250,000 would be part of the marital assetts to be divided upon divorce (assuing it becomes the "matrimonial home" i.e. she moves in or is there already)

    so get a prenup signed - although not always possible

    so instead / also:

    - sell your home prior to marriage - the $500,000 will be 'assetts' that you brought into the marriage (regardless of whether it is put into bank, stocks, shoebox etc,) and will be subtracted before calculating marital assetts for divorce (i.e. you get to 'take it back out' - note; just the $500,000 - if it's grown to $600,000 the $100,000 gain is included as a marital assett to be counted)

    - rent your home out as an investment - and buy and pay for new "matrimonial" home equally / jointly -- as above, the value of the rental property is 'taken out' and not counted as a marital assett on divorce -- also as above, the gain / rent on the rental property would be a marital assett

    - maximize the mortgage(s) on your home before marriage - as above; the proceeds / monies you've recieved from adding the mortgages, would have been 'brought into' the marriage and thus not count as a marital assett
    A, "Let's have some naked fun attitude!" - and a nice smile! - perfect!

  15. #15
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    Quote Originally Posted by Smallcock View Post
    A single woman with her own home? Easier said than done.
    Does that mean such a woman is too much smarter to
    marry a guy who doesn't own his own home? I used to
    think women are generally more gullible.

  16. #16
    Quote Originally Posted by jackal2006 View Post
    Hi all,

    Quick question for those with experience. I am looking to buy some sort of home in the next year or so (condo, townhome, semi) and given that I will make this big investment I want to protect myself in case I get together with a woman ever. A lot of relationships fail and I don't want her to take half of property. I've thought about putting this in a parents name would that work? Or what would be best?

    Thank you
    Take your time when you fall in love. No need to move a lady in so fast. Date a few years. Be smart. And I would put the home in a co-oration. Maybe not a bad idea to keep in your parents name , as long as they will it back to you. That is important.
    Or you can rent and if you do want to live with a lady down the road, then let her help you with the bills and mortgage. Buy together. But don't live in fear of someone taking your home.
    when your in love and you one day get married. Love, live, and if you have kids, She will be getting half anyway. That is life.

    I would say rent for now. Sounds like your not sure. Be careful.

  17. #17
    If you find a solution letme know.

  18. #18
    Quote Originally Posted by Smallcock View Post
    A single woman with her own home? Easier said than done.
    If home also includes condo, than single women have been doing that for a while. From a 2012 article

    Toronto condo boom being fueled by single women
    https://www.thestar.com/business/rea...gle_women.html

    Are you just talking about regular relationship? Than she would have no claim. If common-law, but it's only under your name, than if she contributed notably to it, then would have some claim to the equity.
    https://www.legalline.ca/legal-answe...-trust-claims/

    If actual matrimonial home.. no ifs or buts. As soon as you and wife make it a primary home, it is half hers. Think of it as inviting the Vampire into your home. So the best way to protect it is, move out with her, rent it out and keep the property under your name. A pre-nup might help clarify since in Canada, divorce assets aren't clear and cut. Judge really takes into account alot of the situation, time, etc.

  19. #19
    Quote Originally Posted by rexst View Post
    note for a post above - having the house solely in your name is completely immaterial as far as division / calculation of marital assetts is concerned under ontario family law

    - eg. you own a $500,000 home solely in your name - the second you are married, $250,000 would be part of the marital assetts to be divided upon divorce (assuing it becomes the "matrimonial home" i.e. she moves in or is there already)
    As I noted in my post, it is only if she moves in, and it is considered the matrimonial or I guess another way to look at it is primary residence. If there was no intent to make it the matrimonial home (meaning you and her live there) and actual action is taken to have her not live there, than it is not automatic. My good friend is a divorce lawyer so I peppered with all these types of questions.

    A pre-nup if she moves in is irrelevant.

  20. #20
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    If you are looking for an agreement to sign with her then it's called a cohabitation agreement.

    "A cohabitation agreement, sometimes called a domestic contract, is a written contract that non-married partners can make that says how they will deal with their issues while they are living together, after they stop living together, or if one of them dies. They can make this kind of contract before living together, or while living together. For example, a cohabitation agreement can say how much spousal support one partner will pay the other if they separate. It cannot say who will have custody or access to any children."

    You don't have to put it in your parents name, at least I wouldn't and I didn't. At the time when I was just living with my significant other, I didn't allow him to receive any mail at my house, this way he couldn't claim that he was living there. After being together for 3+ months I asked him to sign an agreement that said:

    1. He had no claims to Hands from Heaven Spa or any of my businesses
    2. He had no claims to my property or finances and we kept our bank accounts separate

    Right before we got married, we signed a prenup that pretty much said the same thing so if we ever separated or divorced, he could never come after me for alimony or any financial support or any part of my businesses.

    Kayla

  21. #21
    Quote Originally Posted by Kayla View Post
    If you are looking for an agreement to sign with her then it's called a cohabitation agreement.

    "A cohabitation agreement, sometimes called a domestic contract, is a written contract that non-married partners can make that says how they will deal with their issues while they are living together, after they stop living together, or if one of them dies. They can make this kind of contract before living together, or while living together. For example, a cohabitation agreement can say how much spousal support one partner will pay the other if they separate. It cannot say who will have custody or access to any children."

    You don't have to put it in your parents name, at least I wouldn't and I didn't. At the time when I was just living with my significant other, I didn't allow him to receive any mail at my house, this way he couldn't claim that he was living there. After being together for 3+ months I asked him to sign an agreement that said:

    1. He had no claims to Hands from Heaven Spa or any of my businesses
    2. He had no claims to my property or finances and we kept our bank accounts separate

    Right before we got married, we signed a prenup that pretty much said the same thing so if we ever separated or divorced, he could never come after me for alimony or any financial support or any part of my businesses.
    Sounds like you don't have kids and don't plan to have any.

    Also, I think your house is considered a matrimonial home and a judge might tear apart your pre-nup agreement upon divorce.

    It's so sad how complicated this has all become. It was so much easier when women were the property of their husbands.


    "Death by violence, death by cold, death by starvation, - these are the normal endings of the stately and beautiful creatures of the wilderness. The sentimentalists who prattle about the peaceful life of nature do not realize its utter mercilessness" - Theodore Roosevelt

    I want you to point your finger at me. I want you to call me names.

  22. #22
    If you live with a woman there is a good chance that some day she will divorce rape you.
    Just go mgtow-problem solved.

  23. #23
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    Quote Originally Posted by great_times2 View Post
    Spend a few thousand bucks.....set up a family trust.

    Buy the property in the name of the trust. You as trustee can be the underwriter of the trust of the mortgage....but the ownership is in your family trust, not you. Problem solved. ....(I learned the hard way in the first round of marriage.....had great lawyers who set me up properly for the future
    you had a smart lawyer



    French kissing involves all 34 muscles in the face.
    A pucker kiss involves only 2.


  24. #24
    Marriage is still the main way for women to get rich: study
    https://nypost.com/2019/02/21/marria...et-rich-study/

    Female privilege.


    "Death by violence, death by cold, death by starvation, - these are the normal endings of the stately and beautiful creatures of the wilderness. The sentimentalists who prattle about the peaceful life of nature do not realize its utter mercilessness" - Theodore Roosevelt

    I want you to point your finger at me. I want you to call me names.

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