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I would like to know if you are married but planning on a divorce, and just bought a home but the mortgage and the title deed are in both your husband’s name, are you still entitled to receive half as you are married ? Thank you.

June 17, 2021

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The good news is this:  Simply because your husband is the only one registered on title to your matrimonial home does not mean you do not get the benefit of its present-day value. Under the Ontario Family Law Act, the matrimonial home has a special status, and its value on the date you and your husband separate will go into a larger calculation of your Net Family Property, which is part of the process for dividing up your finances in preparation for your divorce.  The home’s value is divided equally, even though your husband is the only one on title; the mortgage also gets factored in equally.   However, there can be other circumstances that affect your overall entitlement as you leave the marriage.  You should get the advice of an experienced Family Lawyer who can help you navigate this issue in your upcoming separation and divorce process.

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