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Increased Value of Matrimonial Home

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  • Increased Value of Matrimonial Home

    I’m new to this site and I will start off by providing a simplified description of my scenario. My question has to do with the increased value of a home in this hot sellers market.

    The scenario is as follows ... the matrimonial home was purchased together and the title is in both our names. One spouse left the home due to safety reasons (read between the lines) while the other spouse continues to live in the matrimonial home. This has been the case for the last ten months.

    Other info:
    - both spouses earn comparable income
    - access for children was 50/50 until Jan 2021, the children are now 100% with the spouse who left the home
    - no mortgage remains on home
    - spouse in matrimonial refuses to pay half of utility bills, taxes, etc. ... essentially living for free; other spouse (who left) continues to pay all utilities, taxes, etc.
    - home was appraised early on at 100k (fictitious value)
    - increase in value of home is approx 30% today

    Question ... would the spouse residing in the matrimonial home be entitled to the increase in value of the home once it’s sold?

  • #2
    They may. But they would also be on the hook for occupational rent incurred since the split.


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    • #3
      They would. But they may also be on the hook for occupational rent (and bills) incurred since the split.

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      • #4
        Originally posted by ottguy70 View Post
        the matrimonial home was purchased together and the title is in both our names.
        It is a joint asset, you are both on title. The increase in value is shared, 50/50.
        Start a discussion, not a fire. Post with kindness.

        Comment

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