Division of Assets, Refusal to Cooperate

[potatodog]

Hi Gang,

Would really appreciate some input here. My situation may not fall under common law as we did not cease to maintain seprate addresss for 3 years. My ex fiancee is an alcoholic... This became worse and worse after we moved in. I supported her through rehab when she took time off of work. She also totalled my vehicle drunk which I had to eat on my insurance policy which has since doubled... She also ran up so much debt and overdraft I had to give her 6000.00 so she didn't have to claim bankruptcy as I was afraid the banks would come to me for assets. We bought a house about 2 years ago. Both are names are on the mortgage and we contributed 50/50 to the downpayment. She agreed to pay the mortgage payment while I paid for everything else although I also had to kick in frequently for the mortgage as well. After she got out of rehab she started drinking again... went downard fast and became abusive. I had to call the police. They charged her with two counts of assault and placed a restraining order against her from coming to the property.

We have been separated for 2 months. After a month and a bit I sent a letter formally acknowledging I considered us legally separated. I also continiued to give her money even though technically we arn't supposed to be commincating even indirectly. Prior to this and much turmoil she was having trouble keeping a productive job and resigned. I offered to pay her to help with my business but we had no formal employment agreement. After she was removed from the premesis, I continued to pay her approximately twice the mortage payment to help keep her sustained although to try and keep it formal I did it through my business and she was taxed... still a lot of money though.... She continued to make the mortgage payments for a month and then I took over. She isn't contributing anything to the property... I am also undergoing renovations at my own expense and may have to have the electrical redone to keep from losing the insurance on the mortgage. I have had to reduce the money I was giving her due to a significant drop in my income and the fact I am now covering the entire cost of the property... that and she is continuing to drink out of control and is not productive as far as any contribution to my business.

I have offered to purchase her half of the equity in the house (50% of the principal that we have paid off since purchase (approximately 20k). The house with the electrical problems and the current economy woud sell for less than we paid (385k now apprased at 370 not including the cost of upgrading the electrical) on the open market but she is refusing to sell me her half and is refusing to put the house up for sale as she wants to maintain her half as an investment in case the property value increases.

I don't feel this is fair as it's forcing me to pay for, maintain, improve and continue to wholly contribute to the property which to be frank I may not be able to afford anymore.

My Question: Can she force me into this spot or can I force an open market sale or purchase of her stake in the equity. If we do agree to postpone sale at a future date, is she still entitled to 50% if she isn't contributing to inprovement, maintenance or mortgage from this point forward? I feel trapped...

Thanks for your advice..

[dadtotheend]

You can go to court and ask a judge to order the sale of the house. If it were me, I would stop the renovations until you settle the property division issues. You are at risk that she will participate in the increased value. And I would consider bringing an application for exclusive possession of the home. Solidify your hold on the property

BTW, by continuing to support her with money and job offers, you are enabling her addictions. Check out Al-Anon and listen to what they have to say.

[FL_Needs_To_Change]

I agree.
And you are setting an status quo for your ability to pay which is a factor when courts look at a claim.
They would determine her need then your ability to pay.
By having continued to pay, and I realize you are helping her for good reasons, the courts may determine that you are to continue until she becomes self supportive.

If the courts find she is entitled, request that a time limit be placed on her entitlement and that the 2 months in which you provided support be counted towards that time limit.
IE if the courts order two years of support, then the support termination date would be in 1 year 10 months.