Ottawa Divorce .com Forums

Ottawa Divorce .com Forums (
-   Financial Issues (
-   -   Disagreement over Matrimonial Home Split (Alberta) (

SugarMommaNOT 11-03-2011 01:47 PM

Disagreement over Matrimonial Home Split (Alberta)
Hi All
I have only been separated for a month, but have been reading a lot trying to figure things out. My husband is trying to take me for every penny, since I am the higher wage earner. I understand what he is entitled to legally (part of my RRSP, pension, savings etc.), but how do you deal with unreasonable expectations? We are trying to work on a separation agreement, but we have some fundamental disagreements about who is entitled to what.

Here's the situation:
First off - we both live in Alberta, the Matrimonial Home is in Alberta.
I purchased the Mat. Home in June 2009 with proceeds from my previous house. We had been dating for a year (at that time), but not common-law then moved into this new home together. I put over $30K into this house in the first 6 months of owning it (some renovations, upkeep, new furnace etc.).
We got married July 2010, separated early October 2011 (14 months).
My understanding of the Matrimonial Property Act (Section 7.2) for AB is that we split any equity built into the home during the marriage 50/50. That's fine with me.
HE thinks he is entitled to ALL the equity built into the home since I purchased it (in 2009) minus only the down payment. This is a significant amount considering the $30K I invested.

He says that he has received the same interpretation of the Act from two different lawyers. I don't believe a word of it, since part of the reason we split was his ongoing lies. I have asked him to provide this interpretation to me in writing, from his lawyer.

So, back to my original question:
If he is unwilling to acknowledge the Law of the land, and I'm not willing to give in to his absurd interpretation, is our best chance mediators?

What other compromises have people managed to come up with - in regards to splitting the matrimonial home NOT in accordance with the Act?

I am considering offering to split the amount that the mortgage has been reduced by, in the time I have had the home. He was unemployed for most of the year we were married, and I paid over $2K for him to be retrained (in a new career) in that year, so offering half of the $8K that the mortgage has been reduced by, seems generous to me (he did give me money for half the mortgage payment from June 2009 to Nov 2010, in the form of rent). So, you live somewhere for two years, only pay for it for one, but get half the total two years of mortgage payments in return - is that not fair?

In your experiences will a man who was the lower wage earner to begin with be willing to accept any kind of compromise on a property split?

What other terms have people been able to agree on? I am having a tough time thinking of what else I may eventually be able to offer that he might consider accepting.

I am pretty sure he thinks he is going to milk me for upwards of $50K so I don't know if he will ever accept anything less, but I would like to try some alternatives. I am meeting with a lawyer this afternoon to prepare myself.

Thanks for any advice you may be able to provide!!

BeenThereTwice 11-03-2011 01:59 PM

If you do NOT have kids (and you don't mention any) then this should be a pretty simple situation to resolve. Both parties acting reasonably, with lawyers beside them, SHOULD be able to resolve this in a single 2 hour meeting. The situations most people have are MUCH more complex.

All times are GMT -4. The time now is 08:58 PM.