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Old 10-23-2012, 05:31 PM
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Quote:
If a home is brought into the marriage and remains the marital home, the justice feels that exclusion of this value from marital NFP is consistant with the fundamental objective of the legislation.
If a home is brought into the marriage and is sold, the justice feels that exclusion of this value from marital NFP is inconsistant with the fundamental objective of the legislation.
The justice is narrowing the breadth of the matrimonial home asset exclusion.

Quote:
The questions would be, why is this, what is the intent, and why should this intent disappear just because the home is sold?
Why:
When the legislation was drafted, a number of lobbyist groups had the ear of the provincial government. A major concern was the feminization of poverty, particularly through divorce. It was not uncommon for the matrimonial home to be the only substantial asset of a couple and, upon separation, if the home had been an inheritance or otherwise paid for prior to the marriage (usually by the husband), he would remain in the home and otherwise be able to maintain his standard of living while his (now ex) wife would be forced into poverty.

Intent:
The sharing of the value of the matrimonial home was intended to protect against the feminization of poverty through divorce. Furthermore, in a vein similar to the constructive trust developed by the supreme court, it gives value to the years a (traditional) wife may spend in her (traditional husband's) home.

Why should this intent disappear:
There are people who argue that the treatment of the matrimonial home in equalization is utterly inequitable, that it may lead to a windfall from one party to another - particularly given that it tends to be short term marriages that remain in the same home - and is generally a clumsy attempt at managing a broad social issue that has, in any event, produced no noticeable impact.

The narrow reading of legislation has come to mean that the equalization effect of the matrimonial home is either on excluded funds obtained during the marriage or on homes that were owned on the marriage date.