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Equalization and crazy housing market

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  • Equalization and crazy housing market


    I have a question regarding increases in housing prices subsequent to the valuation date.

    Fact pattern:
    -The valuation date is Aug 1 2019
    -The house price on that date was 1M
    -Housing prices in Toronto have gone way up since then, current price (March 2021) is 1.5 to 1.8
    -House title is in STBX's name
    -In equalization the proposal is to include an amount of 1M
    -Lawyer is attempting for 'ownership in trust" or some such thing to force a sale
    -I paid for the house - totally my income that paid for everything, she did not work. Title to all assets were put in her name and all liabilities in my name (due to my work situation and protect the family in the event I was sued)
    -every single previous court hearing went against me - seems every judge is sympathetic to my spouse and I get the short end of the stick
    -All I have wanted is to be fair - fair split of assets, fair amount for support

    Would including the house at 1M be unjust enrichment or ?

    Advise very much appreciated

  • #2
    Did you own the home prior to marriage. If your name was on title only then she would be entitled to half the value as of the date of valuation, at least that what my lawyer told me.


    • #3
      I am pretty sure for equalization purposes, the assets/liabilities are determined from date of marriage to date of separation.

      Unless the date of separation is contested, you should simply argue for calculations to be done as of that date.

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