Should we split the house up first ?

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My husband and I are going through separation. He suggests that we split the matrimonial house, which is under both our names first. Then figure out about other assets. What should I do? Should I split this first and then most probably fight about other property. Everything else is under his name and I doubt he will split it on his own.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: I never recommend that a house gets split without first taking into account the overall equalization of net family property. Let me give you an example as to why. As a matter of theory, he may owe you a significant overall equalization payment that would lead a Judge to Order that you get the entire home. Of course, we need exact details to comment on your specific case, and if you wish a free consultation so that I can comment on your exact facts, please call me at: 866.557.3222. However, in the interim, please be careful.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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