Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    I inherited my house. On the date of separation it was valuated at $850, 000. Today, it is worth C1$ million. On the date of marriage it was worth $500, 000. We never signed a marriage contract to vary my husbands normal right under Ontario law. What are my ex's rights to the equity in my house?
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96

    Subject to other factors, he could get as much as $425,000 if the property was sold
    and the proceeds divided between the two of you. Or, if you don't want to sell the property,
    you might have to purchase his share. Assuming that your ex can't prove, 1: That he made any
    financial contribution to the home, either directly or indirectly and 2: That he personally
    assisted or paid anyone else to assists with renovations or upkeep. Unfortunately, because you
    never had him sign a marriage contract to vary his rights you must share with him the entire
    separation date value of the home. This includes its premarital value, subject to other factors.
    Based on your facts, the entire value of your home as of the date of separation forms part of
    your net worth for equalization purposes under Ontario's Family Law Act (this is called "net
    family property.")In the absence of other factors such as a mortgage or other third party debts
    as of the date of separation ( such as unpaid income taxes) or the value of third party gifts or
    inheritances received after your marriage, your liability to your husband includes the home's
    premarital value. (Consult Ontario's Family Law Act or a family law lawyer for an extensive
    list of other factors.)

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

Document Banner