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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-04-2012, 11:11 AM
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Default Matrimonial home UNEVEN SPLIT

Matrimonial Home UNEVEN SPLIT

Are there circumstances where a matrimonial home is not split
50/50 such as a extended family home where one spouse's parents have resided since the marraige approx. 23 yrs ago ?. Its a 6 bedroom home of which the separating spouses and their children occupied and used 4 bdrms and 2 full baths on the top floor. The ground floor has a kitchen , living and dining room .There is also a "family" room and a half bathroom. These latter two were frequently shared by the both family's i.e. the couple , their children and the grandparents. The parents resided in a separate basement/ inlaw suite. The basement had 2 bdrms . living room dining room full bath and kitchen.
The basement also had a laudry storage which both families shared.
Both families had access to one parking spot each in the garage. They all shared the backyard , pool etc etc .

Can a claim be made that 1/3rd of the value of home belongs to the parents and that 2/3rd is indeed the value of the matrimonial home ?


What if the basement was perhaps rented or used as an office by one spouse.

Any similar situations and Case Law please. Thanks.
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Old 06-04-2012, 11:21 AM
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Whose name is on title?

Unless the parents who lived in the in-law suite were also on title, then they were/are tennants and as such have no right to any equity in the house.
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Old 06-04-2012, 11:31 AM
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Spouse A purchased the home for his parents and his spouse B and the children. Previously they resided in a smaller duplex owned by A's corporation.
A and B as well as the parents agreed to live separately under the same roof ; mult-unit extended family home. Spouse A is on title alone. B did not ask nor expect her name on title jointly with A . A and B had both jointly made a committment to the parents to have them reside with them until death.

Anycase law ? or similar cases ?
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Old 06-04-2012, 11:40 AM
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I doubt you will find much caselaw in support of this position.

Spouse A purchased the house and is on title as the owner. Spouse B has a 50% interest in the house through family law, whether or not she asked or expected to be on title is irrelevent. She has an interest simply through marriage.

The parents, who may resided in the house and paid rent, have no interest. If they didn't pay rent there, they would have had to reside somewhere else. I cannot see a reason why the parents would be seen as anything other than tennents.

While I haven't checked for any caselaw on the matter, I would doubt there would be much supporting this position as it would be an easy way to undermine the interest of a divorcing spouse and their interest in the house by moving in parents a period of time prior to the divorce.
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