Question: division of marital home equity post date of seperation. - how does it work

[plainNamedDad44]

Hello Community,

My stbx left the marital home March of 2013. I was renovating the house. Since the date of separation, I have not so much as picked up a screw driver.

Now it appears that I must follow her to Toronto so as to maximize my access to my children.

In order to sell the house, I really need to finish all of the reno's.

I am hesitant to complete the renos based on the possibility of her benefiting from getting half of that time, money and effort required to get the house to sale condition.


Is it safe to assume that her half of marital home is based on appraisal at date of separation (I have this) ? This way I can get the house into sale condition.

as usual Thanks

[Rioe]

It's not set in stone, but the usual method is that the date of separation is used to value the house. The appraisal you had done would be the one to use, although she could argue that it's not accurate and demand another one be made.

The exception your ex could argue would be if she continued to pay her share of the mortgage and maintenance bills for the residence. Then she could expect to get half the value on the date of sale, or when she stopped paying, etc.

[plainNamedDad44]

It's not set in stone, but the usual method is that the date of separation is used to value the house. The appraisal you had done would be the one to use, although she could argue that it's not accurate and demand another one be made.

The exception your ex could argue would be if she continued to pay her share of the mortgage and maintenance bills for the residence. Then she could expect to get half the value on the date of sale, or when she stopped paying, etc.

when she left she stopped paying for anything after she left.

[Rioe]

when she left she stopped paying for anything after she left.

Then you have a clear case to use the separation date value of the house in your equalization calculations. Do you have a separation agreement handling equalization? Get that done before you do any more work on the house, then you don't have to worry.