I need help understanding division of assets

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My husband and I have been married for 6 years. We recently separated and are attempting to complete our separation agreement. One of the challenges is that he is stating that I am not legally entitled to 50% of the matrimonial home (we have sold it) as he put the initial down-payment of $50,000.00 on our first home. He purchased the home in September of 2007 (with the intent that we were getting married and would move into this home- he purchased my engagement ring in August of 2007) and we were married in June 2008 and moved into that home. We moved into another home approximately two years ago, which is the home that we just sold. I've been told that since our first home was technically our 'matrimonial home' that he is able to use the initial down-payment of $50,000.00 as a deduction from the assets we are entitled to. Is this true? I'm not sure whether or not this is an issue worth fighting over if I'm just going to lose. I'm pretty surprised that he's able to do this when both our names were on the mortgage of the new home and that we lived in both homes as a married couple.

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A Family Lawyer

10 years ago

The home that the spouses live in on date of separation is the matrimonial home. The home that was sold before the date of separation is not a matrimonial home. Spouses are not entitled to date of marriage deductions for the value of matrimonial home. The theory behind the law is that you did not contribute to the down payment of the home and costs in relation to the home before marriage. You should talk with a family law lawyer as to claims relating to trust and joint family venture if you did contribute to the home before marriage. Each of you are entitled to recognition of financial positions on the date of marriage. The equalization scheme is based on a division of asset value during the marriage.

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