In an earlier blog, I explained how the matrimonial home is treated differently than other property. For example, Sarah owned a $300,000. house prior to the marriage which was then treated as the matrimonial home during the course of the marriage—i.e. the property was ‘ordinarily occupied’ by the parties’ and served as a family residence as of the date of separation. At the date of separation, the home was worth $350,000 (an increase in $50,000). The whole value of the home, however, would go on Sarah’s side of the ledger, not just the increase in the value of the home from the date of marriage to the date of separation. In other words, Sarah’s spouse is entitled to half the full value of the home. This doesn’t seem fair, does it?
As explained elsewhere in my website, the value of the property of the marriage is supposed to be shared equally (the value of the property, not the actual property). But sometimes this just isn’t fair!
Blake R. Lyngseth, Ottawa lawyer & mediator. Blogs primarily on issues of Ontario & Canadian family law & estate law.