Hi everyone,
Hope you can help me with a situation I recently went through while buying a unit in Toronto.
Some detail first. I’m Permanent Resident and I’m married (wife is PR too). Marriage happened 4 years ago in Europe.
My wife has a house in Europe on her own. It is her own property; and for the European law I have no title and interest into it. (we’ll get to this aspect soon because it’s crucial).
In order to benefit the first time home buyer rebate fee you need be NOT owner of any house in the world.
The house in Canada is mine. I’m the only owner. The mortgage of the Canadian house is only in my name.
The day of the purchase lawyer asked me if I had a house anywhere in the world (not just Canada). I say NO.
He then turned to my wife and asked if she had a house in the world (not just Canada). She says YES.
Lawyer turns to me and say to me (long story short): “Since your wife has a place somewhere in the world, you are not eligible to be a first time home buyer. Please provide extra 8.500 $ (!!!) for this”.
Didn’t have time to argue or debate it in that circumstance. The law is the law. And it says: https://www.fin.gov.on.ca/en/bulletins/ltt/1_2008.html
Seems clear that the fact that the wife has house (even if it is not in Canada) makes me not eligible for the rebate.
BUT…
There is a thing that worth to be investigated for which I ask some support here.
Ok… In a nutshell: for the Ontario law my wife has a house. Me and my wife are ONE. It means I already have a house. I’m not a first time home buyer.
In Europe when you get married. AT THE ACT OF THE SIGNATURE OF MARRIAGE – both spouses are requested (mandatory!) to state and sign weather their properties will be separated or in common.
It’s some sort of pre-marriage agreement.
Me and my wife opted for Separation of properties and we signed a document that is requested by law.
In other words and in short: I have NO title and NO interest in my wife house in Europe. That makes me not eligible to claim her house as my property; to the enforce of European law. This is a fact.
Now… Ontario says that my wife’s house is also mine so I’m not a first time home buyer. But this is NOT the case.
I legally have no interest and no title on my wife house. We are European and the house is in Europe. The status of this house jurisdiction is European law.
Ontario cannot say I have a second house because it is technically and legally NOT the case.
I believe I have the title to dispute the NON rebate but I would like to hear some people opinion and cases to mine.
Thanks a lot in advance.
Hope you can help me with a situation I recently went through while buying a unit in Toronto.
Some detail first. I’m Permanent Resident and I’m married (wife is PR too). Marriage happened 4 years ago in Europe.
My wife has a house in Europe on her own. It is her own property; and for the European law I have no title and interest into it. (we’ll get to this aspect soon because it’s crucial).
In order to benefit the first time home buyer rebate fee you need be NOT owner of any house in the world.
The house in Canada is mine. I’m the only owner. The mortgage of the Canadian house is only in my name.
The day of the purchase lawyer asked me if I had a house anywhere in the world (not just Canada). I say NO.
He then turned to my wife and asked if she had a house in the world (not just Canada). She says YES.
Lawyer turns to me and say to me (long story short): “Since your wife has a place somewhere in the world, you are not eligible to be a first time home buyer. Please provide extra 8.500 $ (!!!) for this”.
Didn’t have time to argue or debate it in that circumstance. The law is the law. And it says: https://www.fin.gov.on.ca/en/bulletins/ltt/1_2008.html
Seems clear that the fact that the wife has house (even if it is not in Canada) makes me not eligible for the rebate.
BUT…
There is a thing that worth to be investigated for which I ask some support here.
Ok… In a nutshell: for the Ontario law my wife has a house. Me and my wife are ONE. It means I already have a house. I’m not a first time home buyer.
In Europe when you get married. AT THE ACT OF THE SIGNATURE OF MARRIAGE – both spouses are requested (mandatory!) to state and sign weather their properties will be separated or in common.
It’s some sort of pre-marriage agreement.
Me and my wife opted for Separation of properties and we signed a document that is requested by law.
In other words and in short: I have NO title and NO interest in my wife house in Europe. That makes me not eligible to claim her house as my property; to the enforce of European law. This is a fact.
Now… Ontario says that my wife’s house is also mine so I’m not a first time home buyer. But this is NOT the case.
I legally have no interest and no title on my wife house. We are European and the house is in Europe. The status of this house jurisdiction is European law.
Ontario cannot say I have a second house because it is technically and legally NOT the case.
I believe I have the title to dispute the NON rebate but I would like to hear some people opinion and cases to mine.
Thanks a lot in advance.