Announcement

Collapse
No announcement yet.

Value of matrimonial home while waiting for process

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Value of matrimonial home while waiting for process

    Can you tell me if both parties own the home (on title, on mortage), is the value of the home set with an appraisal as of valuation date (date of separation) or does the value of the home get to continue to be re-appraised and because of a hot market, continue to rise in value? The ex is purposely dragging his feet because he knows the market is hot and claims he's entitled to the increased equity.
    Divorce process started in April 2015, July 2016 is settlement conference date and being asked to provide new appraisal of house.
    Ex does not pay share of mortgage or anything.

    Thank you

  • #2
    Originally posted by knight0369 View Post
    Can you tell me if both parties own the home (on title, on mortage), is the value of the home set with an appraisal as of valuation date (date of separation) or does the value of the home get to continue to be re-appraised and because of a hot market, continue to rise in value? The ex is purposely dragging his feet because he knows the market is hot and claims he's entitled to the increased equity.
    Divorce process started in April 2015, July 2016 is settlement conference date and being asked to provide new appraisal of house.
    Ex does not pay share of mortgage or anything.

    Thank you
    Short answer - yes they will be entitled to the increase in equity. If you are residing in the property and the other party is not you may be on the hook for something called "occupational rent".

    I wouldn't nickel and dime something like this and just split the proceeds. You may find yourself paying some portion of occupational rent if you futz around with the matter.

    Comment

    Our Divorce Forums
    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
    Working...
    X