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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-12-2014, 11:42 AM
LyndaLou LyndaLou is offline
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Default What is considered a Matrimonial Home?

Hello,
Posting on this site again because it is so very helpful :-))
I moved to Netherlands and was married there (that is where my husband is from...we are now separated almost 2 years but still in court working on this).
My husband owned a house in Netherlands and I lived there for almost 2 1/2 years before he immigrated back to Canada with me. The Dutch house was sold and we bought a house in Ontario which we lived in until separating. I understand this is the Matrimonial Home.
My question is concerning the house that he owned in the Netherlands before we were married. Was that ever considered a Matrimonial home and does he get credit for it when it comes to equalization?
He is saying he wants the judge to consider his assets he owned before we were married which is mostly the Netherlands home.
Thank you
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Old 05-12-2014, 11:50 AM
LyndaLou LyndaLou is offline
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http://www.ottawadivorce.com/forum/f...lly-mine-1252/
I was reading this post and it said otherwise. That is why I find it confusing.
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Old 05-12-2014, 11:51 AM
HammerDad HammerDad is offline
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It was the matrimonial home, now the new house is the matrimonial home.

What the issue is now, is what was the value of the Netherlands house at the time of marriage and what was it worth when it was sold? It is a matter of equalization.

Whether or not you get credit for the full value of the house is questionable. The ex will likely argue that it would be unjust enrichment to give you credit. That you should be entitled to any growth in the house after the date of marriage. Any equity prior to marriage would be exclusively his.

It is my understand that, if you get married and move into a million dollar house, only to divorce 3 years later when the house is valued at $1.2 million, that only the difference in value from the date of marriage to the date of divorce is equalized.
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Old 05-12-2014, 11:56 AM
LyndaLou LyndaLou is offline
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I am not asking for anything at all except half the house in Ontario. Was just wondering about this after reading the post (see link above).
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Old 05-12-2014, 12:30 PM
OrleansLawyer OrleansLawyer is offline
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There is only one matrimonial home: the house resided in at separation.

The impact of a prior home on equalization is determined the same way as any other asset:
Who owned it?
What is its value?

The fact that it was a home, rather than a cottage, or stocks, or life-sized statue made of gold, is immaterial.

If OP's ex was sole owner of the home at marriage, it will form part of the marriage day property and will impact any equalization payment accordingly.
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