Can I get the down payment back?

[metro]

I need a second or third opinion regards to the division of our two marital houses. As far as I learned from this site and the lawyers I consulted with, on division of the marital house, regardless who paid the down payment or mortgage, it is usually split half and half. It seems like to protect the right for the spouse who gave intangible contributions such as a house wife.

However, I believe in my case needs the exceptional consideration especially my contribution of full down payments to both properties came from my premarital saving and a gift from my family. My ex contributed no payment for the down and the monthly mortgage during the marriage. I was also a house wife taking care of the child, managing the house and rental business during the marriage as well as supported him financially with my premarital saving which was about $150K in total.

I had a great career and big income that allowed me to make this contribution, but all changed after I immigrated to Canada after the marriage. I have very much complicated situation here also involving the domestic violence and need an urgent assist. I have consulted with a several lawyers, but it is just hard to find someone who could see the whole picture and share the same perspective as mine. Any advice or help would be very much appreciated.

[billm]

It is my understanding that premarital assests are deducted from martial assets - so you would get your 150K/down payments back. Now if during the marriage one person's career suffered, or they became used to a higher life style than their career could afford, then spousal support can be ordered, which can take the form of a lump sum payment. This a separate thing however from your initial assests you brought into the marrige - its just that this can be how the SS is settled - by giving more to your spouse than half of what was acquired during the marriage. But specifically what you brought into the marriage is yours, but the appreciation of those assests since marriage are split 50/50.

Where did you get the idea that this was not the case?

[bowditch2001]

I have a simular situation. I put into the value of our home 2 pre marriage assets. I can get that out in the division of assets?

[metro]

The lawyers I consulted with were all negative. They asked me if the premarital asset were in the original form such as a property, or stock only under my name. In my case, it was cash in foreign currency in my personal account, then transferred into a joint account and spent to the marital assets that is also under my ex name. In principle, it seems to be that the premarital asset should be kept only under your name and isolated from marital involvement to claim...but I am hoping to get more different possible approaches here.

[dadtotheend]

Originally Posted by billm

It is my understanding that premarital assests are deducted from martial assets - so you would get your 150K/down payments back.

That's not correct as regarding the marital home. It is correct for other marital assets, you can get what you came with. But the downpayment is split, regardless of whether it came from the your savings or a gift from whoeever. I found that out the hard way.

I do wonder whether you might argue that one of the homes is not a marital home, in which case you would get your equity back. You did mention rental income, maybe you could argue that the property was a investment property. You should do a google and forum search on matrimonial home and research the definition.

[dad6041]

Originally Posted by dadtotheend

That's not correct as regarding the marital home. It is correct for other marital assets, you can get what you came with. But the downpayment is split, regardless of whether it came from the your savings or a gift from whoeever. I found that out the hard way.

I do wonder whether you might argue that one of the homes is not a marital home, in which case you would get your equity back. You did mention rental income, maybe you could argue that the property was a investment property. You should do a google and forum search on matrimonial home and research the definition.

In my readings I understand this to be correct, including that the second home might be exempt.

[metro]

I think the second house could be exempt for sure since I never move to. (He left me and moved there right after the purchse). If I could claim 100% of what I paid as the downpayment, I wonder if I could claim for the interest as well.