Using rrsp to buy house...question

T

tiredofitall

New member
My ex and i have been seperated for 1.5 years...getting along with an agreement...we both bought new houses, however when she used her rrsp money to buy her house we were not officially seperated. I kniw i am entitled to half of the rrsp money but since she used thst money to buy her house and it has been assesed at 20 k more than what she originally bought it for, am I entitled to the appreciatiin as well?
 
Whose name is the house in? Did you ever reside there before separation? At the time she bought the house, were you intending to separate, or was the house an investment for the two of you as a couple?
 
We sold our house...we were going to move into the house in question, the day of move in she wouldnt let me move in and said we are seperating....so its in her name but we were origianlly going to move in together
 
My guess is that if you never resided there and it's not in your name, it's not the matrimonial home. You may be able to argue that the money your ex took from the RRSP to buy the house should be included when you divide the matrimonial property, if this happened very close to the date of separation.

However, if you and/or your ex had a pattern of using your RRSPs to fund various purchases (e.g. if you had also withdrawn money for, say, a vacation in Mexico or to buy a motorbike), it might be difficult to argue that the RRSP was an investment vehicle which the two of you intended to share in retirement, rather than a place to park money until you used it for something else, similar to a chequing account.

I think this is really a question for a lawyer.
 
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