Mediating issues related to the Matrimonial Home and Common Residence

A separated couple (whether married or common-law) can choose to address in Family Mediation only select and very specific issues ~ those on which they cannot agree through direct dialogue.. The “matrimonial home” or “common residence” are examples of such topics. A matrimonial home is a residence in which a couple resides at separation and special legal rights attach to it. For common-law spouses, this residence is referred to as the “common residence” ~ since they are not married, the word “matrimonial” does not apply to them.

What kind of issues related to these residences can be addressed in mediation? Many and different issues. For example, we can discuss the mechanics of listing a home for sale, including the listing price, the selection of realtor, any renovations or fix-ups that might make sense before the listing to enhance the sale price. How such pre-listing improvements are to be financed may also be discussed. There are situations in which one spouse wants to buy the other’s interest in the residence and again, there is a whole host of issues we can address here through dialogue, including the purchase price, the mechanics, the timing of the buy-out and other related issues.

 Remember that in mediation, a separated couple can often come up with more creative solutions than are available in court. The end agreement can be tailored specifically to each couple’s unique needs and those of their children. For example, in a specific case, the parties may decide to defer (delay) the sale of a matrimonial home until the youngest child completes high school. In mediation with me, this couple can work out how the mortgage will be paid in the interim and how the household expenses and carrying costs of the home will be addressed as well. We can have a specific clause in their agreement talking about what happens if, for example, a new roof is required before the scheduled sale ~ how this expense will be handled by the parties and whether it will or will not impact the ultimate division of the proceeds on sale.

 #Family Mediation offers you options ~ some that may not be available if you take your family dispute to Court.

©AJJakubowska