how can I protect myself and son

[Woodex]

I have been dating my husband since 2000; I included his name on my immigration so Canada knows I am legally married. We got married April 2010. I purchased my house in January 2011. He has never been to Canada, though I have filed for him to come. Now, my questions are: how can I protect my self and our son against divorce? Can I transfer the title of the house to my son? What are the tax consequences? I don't know if Ontario laws says he own half regardless of the name on title or mortgage . Note: he never contributed anything. I have documents that show I sent him money regularly. Thanks

 

[scylla]

You need to speak to a family lawyer to find out what your husband's claim are to your home in the event of a divorce.

No - transferring the house to your son won't help.

 

[Woodex]

You need to speak to a family lawyer to find out what your husband's claim are to your home in the event of a divorce.

No - transferring the house to your son won't help.

Thanks

 

[seba_canada]

If you want to be 100 percent protected since you purchased the house on your own, what you do is write an agreement with your husband saying he will never file for spousal support and you would have to do same thing, as far the house goes because it is in your name it would be very hard for him to be entitled to it, say house is worth $100,000 you live with him for 10 years and he contributes to all payments and you get divorced and house now is worth $200,000 he would only be entitled to $50,000 at the most, another option you have is basically after about few months start doing rent receipts as if he is renting than he would never be entitled to it, and no do not transfer to your son it will not help at all

good luck

 

[vensak]

If life was so easy. Most common type of ownership for married couples is undivided ownership. Also the house is on your name, he was your husband when you bought it. And since I assume, that you have no special premarital agreement regarding the future ownership, he can have his claim (just because he is your husband, even if he is not living in Canada).
So asking him to sign that he will not claim for it is the same as asking him not to claim during the process - both depend on him.
Your divorce might be fun, especially if he has little to no income.
Best advice is to check with the lawyer first.

 

[anujoshi]

As a Realtor, I know that if you are married and both you and your husband are residing in that home on a permanent basis, it is considered your marital home, meaning your spouse does have rights to it regardless of if his name is on title or the papers. For example, if you hired me to sell your home, and you are married, I know that on the documentation I have to get your signature as the owner, but I also have to get your spouse's signature on it.

This is just the Realtor side of things - we are the property experts, not the legal experts, so I would advise you consult a family lawyer.