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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 02-13-2011, 12:11 PM
hotrod84 hotrod84 is offline
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Default Matrimonial home, is this allowed?

Lets say I got married 3 years ago and my wife moved into my home in Toronto that was 100% paid off. 1 year ago we moved out of that home into a rental property in ottawa. Things are very rocky ,not a divorce yet but its pretty bad. Am I allowed to sell the original property without her consent since we moved into another property in Ottawa which then became the Matrimonial home.
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Old 02-13-2011, 01:01 PM
Whendoesitend Whendoesitend is offline
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I am not an expert....but, you need to get her consent if her name is on the deed. If not, then it should be treated as your property before marriage. However, she is entitled to any value increase in the home since marriage.

You will need to get a home appraisal now vs. at the time of marriage, because she is entitled to half of the difference.

Good luck!
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Old 02-14-2011, 09:07 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by hotrod84 View Post
Lets say I got married 3 years ago and my wife moved into my home in Toronto that was 100% paid off. 1 year ago we moved out of that home into a rental property in ottawa. Things are very rocky ,not a divorce yet but its pretty bad. Am I allowed to sell the original property without her consent since we moved into another property in Ottawa which then became the Matrimonial home.
Probably not. It may not be the "matrimonial home" any more but it would form part of the matrimonial property, which she would be entitled to.
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