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.).

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