Monday, June 18, 2007

Dividing up the house in a divorce

In deciding on how to divide the sale proceeds of a matrimonial home, the court will consider a matrix of factors including:

The extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets;

The needs of the children of the marriage;

The extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party; and

Any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce.

Your respective shares in the property will not be strictly commensurate with your respective financial input.

The court takes a broader view than just the meticulous calculation of financial contribution. Non-financial contributions and other relevant factors will also be considered.

Source: The Sunday Times, 17 June 2007

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