Is Fariba entitled to any capital increase in the value of her home?
Ontario, Canada
The following excerpt is from Badii v. Badie, 2013 ONSC 4634 (CanLII):
Since Fariba made no payments on the mortgages, she is not entitled to any capital increase in the value of the property. See: Barker v. Barker 2010 CarswellOnt 895 (S.C.J.) paras. 67-68.
Saeid made all payments where the property was improved or decorated or repaired. He is therefore entitled to recover all his payments from the net proceeds. See: Sliwin v. Tishbi 2003 CarswellOnt 6480 (S.C.J.) para. 37. See also: Para 22(e) of his Affidavit.
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