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Home Ownership Matrimonial Home?

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  • Home Ownership Matrimonial Home?

    Need help understanding if there is any option in regards to matrimonial property:

    History -
    In the fall of 2007 my childrens mother asked me to build a new home because she was worried that the old farm house we lived in was not condusive to raising our 2 children and new one on the way.

    In January of 2008 my parents transferred a 10 acre parcel of land from the family farm into my and my spouses name to build a home.

    In March of 2008 I finalized the mortgage In both of our names, and withdrew 20k from my RRSP's as a downpayment.

    In April of 2008 we signed the construction contract with a RTM (Ready to Move ) housing contractor to buy an existing house that was being completed.

    On June 12th of 2008 my childrens mother left and moved out.

    On June 14th, the RTM arrived and was installed onsite.

    My family and I worked on the home for the next 7 months before we were able to move in (plumbing, basement, windows, etc..)

    The Children and I moved in early in 2009 and have been slowly working on the house as time and money allows since that time.

    The Childrens mother agreed in December of 2009 that she would not be seeking half of the house as she had never contributed any time of money towards it. (We had only been married 4 years at the point of seperation)

    We have had Equal Shared Parenting Joint Custody since 2008. Wherein I have had to pay her 1500 / month CS and 1000/ month SS since June of 08.

    Last week I recieved a letter from her new lawyer, she changed lawyers early this year, stating that his client was seeking to have her interest in the "matrimonial home" paid out in cash by December 31st of this year.

    Now I have some questions:

    Is a house that was not even in place before she left still the matrimonial home?

    The new lawyer says that the spousal support payments do not constitute part of the asset division, and that the division of assets is completely seperate.. Is this normal? I have paid 30000 in SS thinking it was about asset division.

    The new laywer says that the childrens mother gets half of the residual value (equity) and that mortgage payments and utilities and debts incurred after seperation do not count against that value.. Is this correct? I have paid 41,000 in mortgage payments in the last 30 months...I have spent approximately 30k out of Lines of Credit to make the house liveable.

    Please Help.

  • #2
    Definition of Matrimonial Home

    This is a special legal term, meaning the home that the spouses lived in at the time they separated.

    So where does this put me?

    I am worried that because I cannot afford to pay her the money she wants by December 31st, that a court will ask me to leave the home and that it be sold.

    It is a piece of the family farm, and the children, my family, and I would all be devastated to lose it.

    Comment


    • #3
      Don't let her lawyer bully you. File an affidavit that you spouse left and you purchased, built and paid the mortgage on the house, further more she agreed not to seek interest in it.

      Comment


      • #4
        Found an Appraisal from time of Seperation

        I had done two Property Appraisals since seperation, one two weeks after the childrens mother left, and one a year later.

        The Appraisal from two weeks after she left, when balanced against the value of the mortgage and the 20k HBP represents a negative value.

        Does she get to choose whether we use the value at seperation or the current value? or is this automatic?

        If the Value of the home at time of seperation is allowed, I would not owe her any additional monies on top of the 30000 in SS and 45000 in CS I have paid her so far.

        Comment


        • #5
          Check post #3 here:

          http://www.ottawadivorce.com/forum/f...-payment-3788/

          Comment


          • #6
            Does a jusge decide

            Thank-you for the information.

            How is it decided what value to use?

            I have the calculation for time of seperation, and the calculation for current, but the childrens mother and her new lawyer insist on the current value. However, they feel that because I have not paid her rent, she is not due for half the mortgage payments, utlilities, or any improvements that have been made.

            Comment


            • #7
              You live in Alberta, Yes?

              I believe that Alberta is unique in that you use current values, not values at separation.

              Comment


              • #8
                Wow... Alberta...

                Wow... Found a paper from UofA discussing the fact that only in very rare instances will they use the date of seperation. In fact their have only been three that the paper references since 2005.

                Thank-you for the information... I had not realized Alberta was different from other provinces...

                I guess I can hold onto the remote hope that my situation is different from other peoples.. The house was not in place when we seperated.. We never lived in it as a family.. and it was not available to live in until several months of hard work from family and friends to help the kids and I get it ready to move in..

                It seems like it would be unfair to have to pay half of todays value.. which is 57,000 more than the value at time of seperation.... That is 28k the children and I do not have, and I am not eligible to borrow any more money.. At least not from the bank.. Any millionaires on this forum who would like to spot me 28k ;-) ?

                Comment


                • #9
                  Something else that is unique to Alberta is Dower rights.

                  InterprovincialParents explained it to me here, second page.

                  http://www.ottawadivorce.com/forum/f...88/index3.html

                  Comment


                  • #10
                    Im pushing the latest appraisal value as the ex did not agree to getting one done shortly after seperation so it's his own fault.

                    Comment


                    • #11
                      If she hasn't contributed to a mortgage that was in both your names, shouldn't part of the equilization be half the morgage and utility, and upkeep costs you've spent. She might owe you!! Get her name off the deed asap.

                      Comment


                      • #12
                        Scary Stuff

                        This is pretty scary stuff.

                        I have the kids over half the time, and I do my best to ensure they are supported all the time. I have paid my CS and SS on time for 30 months..

                        I did not think it would be realistic she would even have a chance at the house. She never lived in it, never contributed to it, and it was just a liability from a financial perspective. I thought that was why she agreed verbally to our minutes of settlement in Dec of 2009.

                        Now with the new lawyer they are asking for money I do not have, and may never have. The monthly CS and SS + a healthy topping of legal fees of kept me from saving a dime since the seperation in 2008.

                        I have that sinking feeling...

                        While in court I have observed other people forced out of their homes so the home could be sold when they cannot pay the other party for half the equity... Does anyone know if this is a common practice for judges?

                        And can Spousal Support be counted as part of the asset transfer?

                        Comment

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