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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 01-09-2008, 11:19 AM
completeshock completeshock is offline
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Default Help - Matrimonial Home

Hello, first post for me and have found this to be a very helpful site!

I have been hearing and reading lots of conflicting stuff regardint the matrimonial home. Here's my story, tell me what you think.

Live in Ontario, lived with my spouse for 6 years before we wed. My spouse purchased a home with the father's name on the deed and we lived in this home for 5 years together. When we got married we did not change over the names on the deed. Sold this home and purchased another about six months ago with both of our names now on the deed and the father's off of it. Have now been married 1 year and a half but together for a total 8 years. Found out over X-mas that my spouse was seeing another individual and that our marriage would be ending.

As my spouse brought equity into our relationship which was carried over to the most recent home that we purchased, would the equity in the new home (matrimonial home) be split 50/50 regardless of circumstance? Is it really that cut and dry with regards to the matrimonial home?

Any advice would be helpful.
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Old 01-09-2008, 11:50 AM
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Default Hi There

Yes as per the family laws of Canada irrespective of the circumstances the matrimonial home is divided equally.But if you have family debts accumulated during the marriage then may can be deducted from the funds due to the sale of the house.
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Old 01-10-2008, 10:06 AM
disco_bob disco_bob is offline
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Hey, don't know if they will be any help to your specific situation but there's some info on Ontario property and finance divorce issues here...
http://www.divorcemag.com/ON/faq/#Financial
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Old 01-14-2008, 04:45 PM
completeshock completeshock is offline
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Default Response

Thanks to both of you for your help.

Another question for you. If there was a domestic contract signed when we first moved in as common law partners and that agreement indicated that in the event that the parties marry one another, this contract shall be deemed to be a marriage contract, I assume that this contract would hold up?

Thanks
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Old 01-15-2008, 09:15 AM
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Default

I think you are correct.
If the co-habitation agreement clearly stated that if a marriage were to ensue then the contract becomes a prenuptial, then it would stand in court.
This is under the understanding that both were clearly aware of the content and were under no duress to sign, and that each new the legal ramifications of the agreement. This can be a subjective argument if the ex is not in agreement with it. But if it was clear I think you have a good case.
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