Questions & Answers

Home before it became a matromonial home

My girlfriend bought a home before she was married; then later on married; she is now separated after 18 years of marriage. He has put in ‘sweat equity’ during the time on the home and property. He said he deserves a portion of this. She asked me whom is right. I don’t know as I ‘m not a lawyer.

There are no children; just pensions. He has moved out and renting a place; she is still in the paid for home.

— carmen m.

Answer

Hi, Probably she'll have to share in the value of the home in spite of owning it on the date of marriage. This is the law in Ontario. This is because it is the matrimonial home. If she had sold her first home during the marriage and bought another one, the second home would be the matrimonial home and not the first one. As a result, she would be able to deduct the value of the first home as an asset on the date of marriage. Does this sound complicated? It is complicated! You would be wise to book a consultation with one of our lawyers to discuss it in detail. Here is a link to an article in this website about the equalization of property. Good luck.
https://www.galbraithfamilylaw.com/equalization-of-property/

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