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“Other Than a Matrimonial Home” – Why Not End This Nonsense?

The inability to deduct the date of marriage value of the matrimonial home has been recognized as an anomaly and an injustice from the time Part I of the Family Law Act came into effect in 1986. Judges, lawyers, academics and the Ontario Law Commission have all recognized the absurdity of the special treatment of the matrimonial home but 30 years later the special treatment of the date of marriage value of the matrimonial home continues and, in fact, the amendments in Bill 133 to the section 4 definition of “net family property” and the addition of section 4 (1.1) of the FLA have confirmed the refusal of the Ministry of the Attorney General to make any change in this clearly irrational exception to the deductibility of the value of date of marriage property.

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