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Delaration of matrimonial home

Anonymous Asked:

Live together since 1990, married in 1993, my wife bought the current home we living now in 1992 in her own name on title. she is having an affair. can the house be a matrimonial home? am I entitle 50% of the house in a divorce? should I file a declaration of matrimonial home?

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A Family Lawyer
9 years ago

A matrimonial home is ordinarily occupied by the both spouses as their family residence on the date of separation. If there is no cohabitation agreement or marriage contract and the home is solely owned by the wife, then she would claim the entire value, without a date of marriage deduction, and that entire value would enter the calculations as to her net family property. You do not need to file to a declaration unless there are concerns as to taxes, which there are not because it is solely owned by her, or that she may sell the property in which case you need to put potential third party purchasers on notice that you have an interest in the property.

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