Jargonbuster - Matrimonial Home

The principle home in which parties to the marriage reside or resided. Matrimonial property comprises all property acquired by either spouse, or both of them, between the date of marriage and the date of separation. An exception to this is a home purchased prior to marriage when it is intended as a family home – this would be included. Additionally, furnishings for a family home, acquired before marriage, also form part of the matrimonial property. 

 

Pre-marriage assets, gifts or inheritance from a third party are excluded from the definition of matrimonial property provided they remain in the same form throughout the marriage. For example, inherited cash which is held in a bank account, separately, in the sole name of the party who inherited it, and is not intermingled with matrimonial funds, will be excluded from matrimonial property. However, if cash is inherited and then used to purchase say a property or invested in a share portfolio during the course of the marriage, the property or portfolio will be included. 

 

This is commonly referred to as the FMH in courts, the Former Matrimonial Home.