Matrimonial home value

[thh1]

We separated in 2015 Dec and I moved out since then. Now it is time to settle after 3 case conferences.
Is the valuation of the house for NFP from Separation date or now when I can finally pay my ex out after court ordered support?
We are in Ontario.

[Janus]

who has been making the mortgage payments for the last three years?

who has paid the property taxes?

[thh1]

My EX and I rent out an apartment nearby.

who has been making the mortgage payments for the last three years?

who has paid the property taxes?

[Janus]

Who has been living in the house?

Did you sell the house 3 years ago?

[thh1]

My ex, and we have not sold the house,

Who has been living in the house?

Did you sell the house 3 years ago?

[HammerDad]

So the ex has been living there and paying the mortgage, generally they get the benefit of the increased value because they have been the one paying the bills.

That said, you can make a claim for occupational rent - http://familyllb.com/2013/10/21/occu...nt-the-basics/

As noted in the article, the ex will claim their payments towards the bills/mortgage against the occupational rent claim, reducing it and in some cases wiping out the claim completely.

Ultimately this sort of claim is a cost benefit type claim. How much are you willing to spend versus how much are realistically going to be able to receive once all the factors (legal fees/reductions due to the ex's payments) are taken into account.

[Janus]

My EX and I rent out an apartment nearby.

I misread that. I thought it said that you both rent out apartments nearby . Punctuation is annoying, but sometimes I can see its value.

It probably should be current value, since occupation rent and mortgage payments would cancel each other out. However, I have often seen judges order it to be the value on the separation date. This is especially true if there are repairs that were done during the post separation period that were only covered by one party.

If your ex disagrees, maybe offer to split the difference?