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Matrimonial home sale/value ?

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  • 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?

  • #2
    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.

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    • #3
      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.

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      • #4
        so you think you can backdate the rent, pay 90k then the increased equity of 300k will be all yours???

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        • #5
          Got my answer from my lawyer- not possible.

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