Can a spouse exclude the value of an interest in the matrimonial home under a marriage contract?
Ontario, Canada
The following excerpt is from Lisa Ludmer v. Brian Ludmer, 2013 ONSC 784 (CanLII):
In my view, the language agreed to in the marriage contract is very broad. The exclusion, if applicable, governs “all” assets. The marriage contract, therefore, is easily interpreted as capable of excluding the value of an interest in the matrimonial home if the stipulated basis for exclusion otherwise applies, Kajtor v. Kajtor, [1992] O.J. No. 1897 (C.J. Gen. Div.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
Is it unconscionable for the wife of a husband who brought into marriage to equalize the value of his matrimonial home after 10 months of marriage? (Ontario, Canada)
Is a property brought into the marriage and received by one of the partners a constructive trust interest in favour of the other spouse even if it has not increased in value? (Ontario, Canada)
Does a marriage contract have a greater duty of good faith and fair dealing than a traditional marriage contract? (Ontario, Canada)
What is the test for retaining a spouse's interest in a property where one spouse prejudices herself in the reasonable expectation of receiving the property from the other spouse? (Ontario, Canada)
What is the test for deducting from the value of a property acquired by a spouse on the date of marriage? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
What is the effect of contempt proceedings against a spouse for refusing to comply with the terms of a marriage contract? (Ontario, Canada)
What is the difference between a domestic contract and a marriage contract? (Ontario, Canada)
