Ottawa Divorce .com Forums

User CP

New posts


  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.

LinkBack Thread Tools
  #1 (permalink)  
Old 05-12-2014, 11:42 AM
Junior Member
Join Date: Apr 2014
Posts: 16
LyndaLou is on a distinguished road
Default What is considered a Matrimonial Home?

Posting on this site again because it is so very helpful :-))
I moved to Netherlands and was married there (that is where my husband is from...we are now separated almost 2 years but still in court working on this).
My husband owned a house in Netherlands and I lived there for almost 2 1/2 years before he immigrated back to Canada with me. The Dutch house was sold and we bought a house in Ontario which we lived in until separating. I understand this is the Matrimonial Home.
My question is concerning the house that he owned in the Netherlands before we were married. Was that ever considered a Matrimonial home and does he get credit for it when it comes to equalization?
He is saying he wants the judge to consider his assets he owned before we were married which is mostly the Netherlands home.
Thank you
Reply With Quote
  #2 (permalink)  
Old 05-12-2014, 11:50 AM
Junior Member
Join Date: Apr 2014
Posts: 16
LyndaLou is on a distinguished road
I was reading this post and it said otherwise. That is why I find it confusing.
Reply With Quote
  #3 (permalink)  
Old 05-12-2014, 11:51 AM
Senior Member
Join Date: May 2010
Location: Hamilton
Posts: 3,726
HammerDad will become famous soon enough

It was the matrimonial home, now the new house is the matrimonial home.

What the issue is now, is what was the value of the Netherlands house at the time of marriage and what was it worth when it was sold? It is a matter of equalization.

Whether or not you get credit for the full value of the house is questionable. The ex will likely argue that it would be unjust enrichment to give you credit. That you should be entitled to any growth in the house after the date of marriage. Any equity prior to marriage would be exclusively his.

It is my understand that, if you get married and move into a million dollar house, only to divorce 3 years later when the house is valued at $1.2 million, that only the difference in value from the date of marriage to the date of divorce is equalized.
Reply With Quote
  #4 (permalink)  
Old 05-12-2014, 11:56 AM
Junior Member
Join Date: Apr 2014
Posts: 16
LyndaLou is on a distinguished road

I am not asking for anything at all except half the house in Ontario. Was just wondering about this after reading the post (see link above).
Reply With Quote
  #5 (permalink)  
Old 05-12-2014, 12:30 PM
Senior Member
Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough

There is only one matrimonial home: the house resided in at separation.

The impact of a prior home on equalization is determined the same way as any other asset:
Who owned it?
What is its value?

The fact that it was a home, rather than a cottage, or stocks, or life-sized statue made of gold, is immaterial.

If OP's ex was sole owner of the home at marriage, it will form part of the marriage day property and will impact any equalization payment accordingly.
Reply With Quote

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 After I Move Out Dee1973 Divorce & Family Law 36 10-25-2013 09:50 AM
Trying to force sale of matrimonial home and break the logjam KW_Divorced Financial Issues 10 09-21-2012 07:13 AM
Matrimonial Home question again.... rcooper Financial Issues 29 10-06-2011 12:54 AM
Matrimonial home / Spousal support Trix Financial Issues 3 03-01-2011 03:15 PM
Access to family Home by ex spouse who does not live here! ANewLife Divorce & Family Law 8 02-17-2009 11:33 AM

All times are GMT -4. The time now is 04:57 PM.