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Old 01-01-2009, 09:08 AM
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I want to make it clear that I am not a lawyer and am not qualified to give legal advice. I just have a good understanding of the mechanics of the equalization calculation.

An attempt to answer this question was made in your thread called "Matrimonial home".

That said, I think...

If today's value of the house is used and the person who stayed in the house paid the expenses after the other spouse moved out, then the person who paid the expenses can claim half of the mortgage principal, property taxes, insurance and improvements (but not other expenses) that the other spouse is responsible for but didn't pay between move out date and settlement date.

If the separation date value of the house is used, then this adjustment isn't made.

Of course, this just creates an opportunity for argument as each spouse can seek to rely on the valuation date that will be most advantageous to him/her. It would be interesting to hear from anyone who had that happen to them.

Last edited by dadtotheend; 01-01-2009 at 09:27 AM.
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