Divorce: the matrimonial home

Diane McInnis

​There is a basic premise in family law that many people do not understand: Married couples share matrimonial properly, equally. I will break this down:
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MARRIED COUPLES
If a couple legally marries, there is a presumption in law that they intend to share. The corollary to that is that if a couple does not legal ly marry. there is no automatic presumption that the couple intended to share property, unless property is purchased jointly. (There are exceptions to this presumption in certain cases involving a joint family venture or trust claims.)

​MATRIMONIAL PROPERTY
This refers to assets or property acquired during the marital period. Property owned prior to marriage is excluded and property acquired after the date of separation (by choice or by death) is also excluded. Therefore, only the acquisition of assets which occurred during the marriage is shared. Assets that you owned prior to marriage is excluded from the sharing.

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