Who Gets the House in a Calgary Divorce? Part 2
October 11, 2016
Every Calgary divorce is unique, and even questions that seem simple tend to have complex answers that depend on your specific situation. We provide the best possible general information we can here on this website because we feel that's part of our responsibility as one of Calgary's premier divorce and family law firms, but there's no substitute for consulting with an experienced lawyer about the specifics of your case.
In Part 1 of this article, we looked at some of the basic considerations involved in answering the question, "Who will get to keep our Calgary house after my divorce?" Simply put, the divorce laws and Calgary's judges view the matrimonial home—the house you and your ex-spouse owned and lived in during your marriage—primarily as a financial asset, without consideration for emotional attachments or "sentimental value." If you and your spouse can come to an agreement about who gets the house, and one of you can afford to "buy the other out," that is often the most amicable solution. If this isn't the case, you may have to sell your home and split the proceeds.
There are other factors that can also affect who gets to keep the matrimonial home and/or the value of the home that you and your ex-spouse are each entitled to. We provide a brief overview of some of these factors here; for specific questions regarding your divorce, please contact us to schedule an appointment today.
Children and Ownership Prior to Marriage
Underage children involved in a divorce is often a factor in determining which spouse, if either, gets ownership of the marital home following a divorce. The Calgary Court may determine that it's in the children's best interests to remain living in the home they lived in during the marriage, so if one parent goes primary custody they may also be awarded the home. This can vary from case to case, however, and the value of the home is typically offset by other property or assets—if your ex-spouse has primary custody and the marital home, you will frequently be compensated through other assets.
Another factor the Court may consider is whether you or your ex-spouse owned the home prior to the start of your marriage. As with other assets, the house will typically be awarded to the person who owned it first. If the other person puts income/assets into the home during the marriage—mortgage payments, repairs and improvements, property taxes, etc.—that value can be accounted for as part of a divorce settlement.
There are also other less common factors in a divorce case that can influence the disposition of a marital home during a Calgary divorce. For a complete understanding of your situation and what your options are regarding your home, you'll need to speak with an experienced Calgary divorce lawyer.
Contact a Calgary Divorce Lawyer Today
The sooner you get answers to your questions, the sooner you'll be able to put your mind at ease and proceed with your divorce with confidence in your future. To schedule an appointment, please contact our office today.
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