matrimonial home

A

advice needed

New member
I am going through a nasty seperation/divorce with custody issues and matrimonial home going up for sale in Dec this year.

My question: We both own the matrimonial home. There is good equity in the house as prices have shot up. Ex decided to move out of matrimonial home in 2006, left me with kids. I continued to pay the full mortgage and p.tax and every other bill associated with the house. My question is if the house sells for X amount of $ and the proceeds are split in half, I come out as the looser, as our property and mortgage payments are high. I am self represented and honestly cant afford a lawyer. Can someone shed some light on this issue. Will I get back some portion of the property tax/mortgage payments that I have made. What about other utility bills?( I wont be claiming these, but just wanted to know). From 2006 till date ex hasnt paid a $ towards matrimonial home.

Thanks
 
Short answer no. No one forced you to stay or wait so many years before listing it for sale.
Ive stayed in my home and payed all bills on my own without any cs or ss. I too am self represented with a trial next month. My ex is actually still asking for occupational rent. If the house is sold any capital gains gets split 50/50.
 
Compare the mortgage and property tax you paid to the market rent for a similar house in the neighbourhood. If necessary, find an agent who handles some rentals in your area.

Subtract one half the amount of the rent (the other half is payable to you anyway, you would be paying yourself) from the capital costs. The difference is what you owe the ex in rent, or the additional equalization you should receive upon sale.

I would suggest you get an accurate quote from a real estate agent so that you can make a convincing offer to your ex.

You are better off negotiating the offer, rather than go to court over what may be a few thousand dollars.

As takeontheworld suggests, one amount may just cancel out the other. You would be just as well off calling it even if your ex isn't willing to negotiate.
 
advice needed said:
Ex decided to move out of matrimonial home in 2006, left me with kids. I continued to pay the full mortgage and p.tax and every other bill associated with the house.
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I just went to court for this. Doesn't matter who's paying the bills, you both own the asset so you divide the current value and current mortgage. You paying the mortgage, property tax, insurance, and maintenance is usually offset by the occupational rent you should be paying.

There are a few exceptions.

If only one name is on title, then it goes by separation date values.
Or if one person moved out without the other person getting exclusive possession, and they have custody of the kids, then they can use the date they moved out or the separation date values.

I'm not sure if you use current value of house with separation date mortgage, or everything based on the separation date values.

I'm not 100% sure why exactly this is, but this is what the judge said.
Depending on your situation, you may be able to use the house value and mortgage as of 2006.
 
advice needed said:
oh yes I should know what cs and ss is,, but no I am not receiving any support, I never put my papers for c/s and s/s.
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Why not? I can understand why you might not claim for spousal support. What about child support? That is the right of the child, and that would have been the right way to pay for part of the expenses of a house, as a child needs a place to live. But I think retroactive CS might be a tough slog without a good lawyer.
 
DowntroddenDad said:
Why not? I can understand why you might not claim for spousal support. What about child support? That is the right of the child, and that would have been the right way to pay for part of the expenses of a house, as a child needs a place to live. But I think retroactive CS might be a tough slog without a good lawyer.
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Perhaps their wages are on par, or they just don't give a damn?
 
blinkandimgone said:
In par or not, if she has the kids, he should be paying CS.
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But kids are grown up in this instance, and the youngest one is only there tentatively when back from school as mentioned above?

Of course if the kids live there all the time and they are within the age requirement, CS should be paid. Older kids can have CS paid directly to them also
 
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