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  • Matromonial home

    My wife had the house appraised about 5 month's ago. The appraiser set a value as the date of seperation which was March 15, 2005. I'm going to a Case Conference in three weeks. Will the value of the house be that of the appraisal or what it's worth today? I been living there since she moved out.
    The house is half under my father's estate, My mom will help me buy my ex out.

  • #2
    I believe it would be the value at separation date. And your wife's appraisal would be the back up document.

    Comment


    • #3
      Use this

      Use the formula and info on this page to calculate the equity in property.

      http://www.hoyes.com/house.htm

      Good luck
      Duped

      Comment


      • #4
        Thanks Grace, I do think it's that way also. However, what happens if it take time before you end up splitting your assests and the market Value goes up or for that matter goes down.
        My wife had it appraised a few month's ago, the market seems to have gone up in my area. I just wonder if she'e going to be intitled to the increase since it still is considered the matromonial home. She moved out almost a year ago.
        Maybe Jeff can answer this..

        Comment


        • #5
          re: Property Division

          I, the wife in this marriage bought out my previous spouse's interest in our home so it was solely mine. I lived in it from 1988 until now. My current spouse has lived in the house for 8 years now.

          Is he entitled to 50%?

          Is there a sliding scale or formula that is used? I tried the link you gave, Duped, but it went to a Bankruptcy site.

          Comment


          • #6
            Missbevy,

            The value of the matrimonial home is always divided equally, even if it was owned by one party at the beginning of the marriage. So yes, he is entitled to 50%.

            Comment


            • #7
              Originally posted by Grace
              Missbevy,

              The value of the matrimonial home is always divided equally, even if it was owned by one party at the beginning of the marriage. So yes, he is entitled to 50%.
              In most cases both parties are paying for the house, I think its a rare occurance that one would have owned it to start with.
              In that case it's an obvious disappoint for that person I imagine to lose half the home.

              Comment


              • #8
                Polar,

                With married couples, each party is entitled to 50% of the matrimonial home, no matter if it was owned by one party at the date of separation and no matter if only one of the parties is on title. A married spouse's right to 50% of a matrimonial home cannot be taken away from him or her.

                Lindsay

                Comment


                • #9
                  Lindsy, how about if half of the matromonial home is registered under my father's name. Myself and my dad purchased the home 6 years prior to my marriage. Me and my wife lived in it. Is she intitled to my dads half interest.

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                  • #10
                    I'm certainly no expert but I would ,in my amateur opinion, think that your Father would be entitled to his portion and the remainder is divided amonst you and ex. I can't fathom it being any other way. I hope you don't mean that your Father was co-signer; I'm understanding that he is actually a part-owner, on title.

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                    • #11
                      My father was part owner and is registered on title. My dad passed away back in 2003, My mom never probated the will. She is the sole execator. The house was registered as tenacy in common, which means the estate goes to the execator. My ex is trying to say the house was left to me. She's fighting my dads last will and testament saying their most likely was another will. When will it end. Why do people become so vindictive. My dad is properly turning in his grave at the moment..

                      Comment


                      • #12
                        If your ex thinks there's another will, wouldn't the burden (oness) be on her to prove it. YOu can only get the Lawyer to guarantee that your Father's will is the last. If your mother is executor that settles it.
                        How nonsensical is it that people will spend thousands to get thousands, while causing unbelievable stress, pain and heartache for other(s). Many times it's just to be cold and vindictive, steamrolling over innocent people to "win". The only winners are the employees of the court--I'm sure we pay a huge percentage of their paycheque.
                        Bless your Dad's soul--he's probably looking down at you from Heaven saying" son, don't worry about trivial things like money, vengence and greed, when you look at the big picture, it's all irrelavant."He's probably very proud of you for standing up for what's right.

                        Comment


                        • #13
                          Godnowsthetruth,
                          You are so right, people become so vindictive after seperation. I found my ex went from wanting nothing to wanting to take everything I ever worked for. She served me about 4 months after she left, asking for everthing but the kitchen sink, sorry she wanted that too. I have been tryiing for the last 11 month's to come accross to her. Just last night I begged her to avoid court and let me know what she wants. I would rather give the money to my children than give my hard earned money to the legal system. She laughed when I asked her how much she's spend so far on legal bills. I though it was around $6,000.00 since we still have not gone to court, she laughs and says much more than that. I responded by saying how can you be laughing when your giving money away to your lawyer instead of your kids. I just couldn't believe it.
                          I know because she hasn't worked she will be awarded Spousal Support and most likely get costs at the case conference were attending in two weeks.
                          The law must change , why must most men get slaughtered. And your right my dad is watching over me. I pray that thinks get better, I don't know how much more of this I can put up with before it kills me. It's so difficult//

                          Comment


                          • #14
                            hang in there

                            Dear FPI...hang in there, it will get better!! Your ex is psycologically (not sure if spelling is correct) wearing you down. Just because she is asking for everything doesn't mean she will get everything. I'am female and I'm going through what you are going through. This type of tactic ( bullying ) is unexceptable and inhumane!! Try and educate yourself as much as you can about family law ( court houses have libraries open to the public and free legal advice ) and most importantly stay positive ( for your children ). When it comes to family law you do not need a lawyer. If you can complete the paper work yourself you will save thousands of dollars ( I did ). Are you in a support group for men or counceling? I think its very helpful and uplifting to attend some type of support group. ( power in numbers...buddy system ).
                            I wish you the very best!!

                            Comment


                            • #15
                              Thanks Sunday for the encouragement. Your 100% right my ex is wearing me right down. I have been going through hell the last 11 month's and I fear February 22, 06 since it's the day of my crucifixion. I been reading allot of articles and there isn't to many where thinks worked out for us men. My ex doesn’t want to back off, she seems to think that once we attend court she will prove her point and make me out to be a monster. This way she can get everything she wants and leave me to rot. She has been wanting to take me down for a while now, and has made everything go in her favour.
                              I have been trying to remain strong but it’s so difficult knowing that thinks might get so bad for me. I pray at night’s hoping for the best, I just wish he’s listening…’
                              Thanks again..

                              Comment

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