Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-07-2016, 09:34 PM
Member
 
Join Date: Jan 2016
Posts: 76
magic3 is on a distinguished road
Default Matrimonial home sale/value ?

I am living in the matrimonial home with the kids, since Jan 2015. STBX lives in an apartment down the street since Jan 2015. Since separation date, all offers to settle and conversations have been about equally dividing the sale of the matrimonial home, minus realtor fees, outstanding mortgage, etc., when a sale is ordered. Application in court, emerg motion for exclusive possession to be heard tomorrow.

My question is, what is the process to now present the option to settle based on separation date, with me paying occupation rent from Jan 2015 to time of sale? STBX has been paying most bills on the matrimonial home, but not living here.

Housing prices in my area have increased 20-30% since our separation. It is financially advantageous for me to pay retro occupation rent, and benefit from the capital gains. It's really the only way for me to afford the same school district and neighborhood when we sell and I have to buy.

What are the considerations for this?
Reply With Quote
  #2 (permalink)  
Old 11-07-2016, 11:17 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,227
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

How is it financially advantageous to pay occupational rent? Have they asked for it? And if so, when?

Typically a claim for occupational rent has to be made within a reasonable timeframe after seperation, case law suggests 3 to 6 months.
Reply With Quote
  #3 (permalink)  
Old 11-07-2016, 11:24 PM
Member
 
Join Date: Jan 2016
Posts: 76
magic3 is on a distinguished road
Default

Thank you. Occupational rent total over 24 months would be about 20-30% of the capital gains on the house. So for $90/k in rent there's been a 300-400k increase in the value of the marital home.
Reply With Quote
  #4 (permalink)  
Old 11-08-2016, 08:51 AM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,241
standing on the sidelines is on a distinguished road
Default

so you think you can backdate the rent, pay 90k then the increased equity of 300k will be all yours???
Reply With Quote
  #5 (permalink)  
Old 11-08-2016, 02:33 PM
Member
 
Join Date: Jan 2016
Posts: 76
magic3 is on a distinguished road
Default

Got my answer from my lawyer- not possible.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Matrimonial Home Buy Out acpickering Divorce & Family Law 8 12-22-2012 01:28 AM
Matrimonial Home question again.... rcooper Financial Issues 29 10-06-2011 12:54 AM
Ex Won't Divide Property in the Home Teddie Divorce & Family Law 6 05-19-2011 11:11 AM
Friend visit in matrimonial home Pinto Divorce & Family Law 7 05-13-2011 01:38 PM
Matrimonial home / Spousal support Trix Financial Issues 3 03-01-2011 03:15 PM


All times are GMT -4. The time now is 01:08 PM.