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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 98010
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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If a husband transfers title of the matrimonial home to the

Customer Question

If a husband transfers title of the matrimonial home to the other wife's name to protect his family and the wife asks for divorce two years after the title is transferred with both spouse living in the same house. Is the house still considered a matrimonial home ? Does the husband have to claim security against the house, when the house is sold? Or are the proceeds split and an equalization is completed after with the evaluation of the husband?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

What province is this please?

Customer: replied 1 year ago.
Ontario
Expert:  Legal Ease replied 1 year ago.

It is most assuredly the matrimonial home. The matrimonial home is where the couple is living before they separate.

The husband and wife will share equally in the value of the home and what the house is worth is going to be included in the equalization payment.

But if the husband does not trust the wife then he can ask for the sale proceeds to be held in the lawyer who is doing the closing's trust account until the equalization is worked out.

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