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-   -   matrimonial home (https://www.ottawadivorce.com/forum/showthread.php?t=3611)

boxer12 11-08-2008 12:31 PM

matrimonial home
 
I purchased a home 10 months before my marriage but with the idea I was purchasing it for the matrimonial home. Only my name is on the deed and mortgage. My marriage lasted only 9 months. Is my wife entitled to half. In 9 months she had moved out and has not paid any mortgage payments, upkeep, utilities or anything. There is a large mortgage on the house. She did not contribute to mortgage even when there

selfrep 11-08-2008 01:21 PM

I believe that you brought this asset into the marriage and it was extremely short term in nature. I believe that there is a good chance you may get away without having to pay very much on this. The only amount she would be entitled to would be 1/2 of the increase in the equity over the duration of the marriage. If the equity in the house was $50k after the mortgage and this increased to $55k then she would be entitled to $2,500. The myths are far worse than the reality. Mind you the reality can be quite astounding.

boxer12 11-08-2008 01:25 PM

Other issue is she moved out and is having our first child. She thinks she can get awarded the house on the basis that the child needs a yard etc

littleman 11-10-2008 10:00 AM

to your advantage she is sorely mistaken.....this was yours before her and will be yours after her...just because she brings a child intot the world doesnt give her rights that are more than yours....your home is NOT considered amtramonial home whreas it was bought out of wedlock therefore is not included and seriously how much equity can be increased in 9 months......more than likely you have lost some on the value....everyone has right now........dotn worry about it.....once a judge sees you have only your name on mortgage and deed and was done prior to date of marriage she is going to have huge uphill battle in regards to it on her hands.....

boxer12 11-10-2008 10:51 AM

I hope you are right. She claiims her lawyer has advised her of this. No court date set yet

dadtotheend 11-10-2008 06:09 PM

I'm not sure that you have it right. She very well could be entitled to half the equity in the home, including your down payment. The Family Law Act specifically treats the matrimonial home differently. It was a VERY short marriage, but the onus will be on you to demonstrate why there should a departure from the law.

That said, the house is yours, she's not on title. It's absurd that she should have the house because your as yet unborn child needs the yard. What a crock.

boxer12 11-10-2008 06:23 PM

She is definetly out to get whatever she can from me. I am trying to ifnd a good lawyer.


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