The More We Learn, the More Stupid We Become

JLM

Hall of Fame Member
Nov 27, 2008
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Vernon, B.C.
Half the house that he paid for? It doesn’t work that way, JLM. That is not what law says.

My understanding is that whatever you bring into the marriage is yours. If you brought the house in the marriage that is your house, spouse cannot have any claim on ii. In addition, if you inherit something, that is yours alone, and spouse cannot lay any claim on it.

Other than that, everything is community property. Whatever assets you acquire while being married belong jointly to the two of you. In the case of divorce, normally it is split 50:50, unless there are exceptional circumstances.

If your friend was working, his spouse wasn’t, if he alone paid the mortgage on the house and he thinks that is his house, he is totally wrong. Even if his spouse did not contribute a penny to the mortgage, the house still belongs to both of them.

So if the house was community property, then she rightfully got half of it, half of it was hers. Even if she may not have contributed financially, she was as much part of the marriage as he was and fully as much responsible for accumulating any assets. Your friend is bitching about nothing.

Legally doesn't make it morally right. I know a lot of this B.S. goes on (where one partner is working his fingers to the bone, while the other is partying and carousing. Do you ever wonder about the cause of so many domestic homicides? It's definitely not right but there are times when a man (woman) can only take so much.
 

kryptic

- gone insane -
Sep 24, 2009
138
3
18
Alberta
You missed a vital point SJP... it was common law which thanks to 2009 is just as good as marriage.

Oh ya, it doesn't matter if she came with nothing she can still get half, Like all my computer stuff that got stolen with my last girlfriend. I told the cops, they didn't care because we were common law, and apparently its all fine and dandy for her to take what she wants.

Good thing when you take a car on a test drive you aren't forced to buy it.
 

SirJosephPorter

Time Out
Nov 7, 2008
11,956
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Ontario
Been there, cept she didn't get the house cuz she wouldn't take over half the debt on it.

b***h is right.

If there is any equity built in the house, then what courts usually do is that they order the house to be sold, pay off the mortgage and split the leftover profits 50:50 for the two spouses. Unless one spouse wants to buy the share of the other spouse so he can keep the house.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
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Vernon, B.C.
There is nothing sensible about it, JLM. There can be no civilization without taxes. If it had not been for taxes, we would still be living in caves.

You're batting just about a thousand for being wrong this morning, S.J. Why would I have to live in a cave if I didn't pay taxes, when I'm living in a house and paying taxes? If I didn't pay taxes I'd have another 40% to put toward a dwelling place.
 

SirJosephPorter

Time Out
Nov 7, 2008
11,956
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Ontario
Legally doesn't make it morally right. I know a lot of this B.S. goes on (where one partner is working his fingers to the bone, while the other is partying and carousing. Do you ever wonder about the cause of so many domestic homicides? It's definitely not right but there are times when a man (woman) can only take so much.


Legality and morality are two totally different things, JLM. Besides, I don’t see anything morally wrong with it anyway.

Now, I don’t know the circumstances of your friend. But normally if the woman is not working outside the home, she is a housewife and keeping house, looking after the children etc., so that husband is free out go out and earn money. So indirectly she has contributed as much to the household as he has; only her contribution is of different nature. He may have contributed money, she has contributed her time raising the kids, cooking and cleaning for her husband etc.

So I would say that in most cases it is right and proper that the community property is split 50:50, regardless of who actually paid for it. Again, I cannot comment on your friend’s case, I don’t know the circumstances.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
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Vernon, B.C.
If there is any equity built in the house, then what courts usually do is that they order the house to be sold, pay off the mortgage and split the leftover profits 50:50 for the two spouses. Unless one spouse wants to buy the share of the other spouse so he can keep the house.

That may be the way it is but it certainly doesn't make it right. Is there no penalty or repercussions these days for "screwing around"?
 

kryptic

- gone insane -
Sep 24, 2009
138
3
18
Alberta
If there is any equity built in the house, then what courts usually do is that they order the house to be sold, pay off the mortgage and split the leftover profits 50:50 for the two spouses. Unless one spouse wants to buy the share of the other spouse so he can keep the house.

yeah, this I know, I had not very much equity in mine when this happened.

And even if I had, I would have burn't it to the ground before giving that twat a penny.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
547
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Vernon, B.C.
"But normally if the woman is not working outside the home, she is a housewife and keeping house, looking after the children etc., so that husband is free out go out and earn money. So indirectly she has contributed as much to the household as he has; only her contribution is of different nature. He may have contributed money, she has contributed her time raising the kids, cooking and cleaning for her husband etc."- Yep, often with applicances that he has financed so she can get all the housework done by the time the bar/bingo hall opens. Most women aren't like this but I can assure you there are a few who are. If you don't believe that you are naive.
 

SirJosephPorter

Time Out
Nov 7, 2008
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channel islands, switzerland, alaska, panama, cayman islands

Switzerland does not have any taxes? How do they finance roads, welfare, infrastructure etc? Do they hold a referendum every time they want to do some road construction or do they take up a collection plate? That doesn’t make sense.

And Alaska does have taxes. Maybe the state has no income tax, I don’t know (it is an oil rich state), but Alaska citizens have to pay federal income tax. Alaska definitely has taxes, the only way it cannot have taxes is if it breaks away from USA.

I don’t know how those other tiny entities can survive without taxes; they probably have some other source of income (like Panama probably gets its money by charging a levy to the ships passing though the canal).

What you have given are tiny states (except Switzerland, and I cannot believe that there are no taxes of any kind in Switzerland). These tiny entities probably exist on the services they provide to the rest of the world. They probably won’t be able to survive without input form rest of the world, which exists on taxes. So indirectly they are supported by taxes.
 

Cannuck

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channel islands, switzerland, alaska, panama, cayman islands

Swiss taxes - tax - Switzerland information Swiss tax system income tax capital gains taxes exemptions foreigners domiciliation lawyer

BBC - h2g2 - Finance in Jersey, Channel Islands 1946-2003

Alaska - Taxation

Panama Domestic Corporate Taxation

Taxation in the Cayman Islands :: Panama Offshore Legal Law Firm

Interesting that you mentioned Alaska. I've had this argument many times before. The oil in the ground belongs to the people. For the government to collect a royalty on oil and use that money for services is, in essence, a tax.
 
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kryptic

- gone insane -
Sep 24, 2009
138
3
18
Alberta
Swiss taxes - tax - Switzerland information Swiss tax system income tax capital gains taxes exemptions foreigners domiciliation lawyer

BBC - h2g2 - Finance in Jersey, Channel Islands 1946-2003

Alaska - Taxation

Panama Domestic Corporate Taxation

Taxation in the Cayman Islands :: Panama Offshore Legal Law Firm

Interesting that you mentioned Alaska. I've had this argument many times before. The oil in the ground belongs to the people. For the government to collect a royalty on oil and use that money for services is, in essence, a tax.


well I did reply to this, but I see ronny deleted it, and it wasn't even an ignorant reply...

and I'm not wasting my time with another creative comment to you.

P.S. go read your linked sites... don't just google and post