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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 07-08-2015, 09:25 PM
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I have made offers up to 18500 but she feels she should get 1/2 the principal I paid down during separation and she will not acknowledge the money I already paid and all the other bills I paid. I was curious as to what a court would say. I have never received any reasons as to their position other then "that is what I think is fair" fair seems to range from 45000 to 25000 now and fair used to be 12500. I have tried to reason with her but she will not listen to me. Most of the case law I have reviewed always gives the person back the principal paid down after separation as long as he does not ask for 1/2 the bills which I am not doing.
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Old 07-09-2015, 01:06 AM
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There's no way to know what a court would decide, but if your own lawyer is recommending that you settle with your ex outside of court, I would take that advice seriously (especially because lawyers have a vested interest in litigation, so when a lawyer says "this isn't worth litigating", it means something).

Perhaps you could trade off the house equity against some other item - you pay her $25K to settle the equalization and in return, she gives up claims to your pension (or whatever else may be on your "wish list").
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Old 07-09-2015, 01:18 PM
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Not my lawyer, he wanted to give them what they wanted at the outset. If it wasn't for all my research and case law studying, she would have gotten 44k. MY lawyer is very disinterested in this case and I feel it is because he may not understand unjust enrichment in common law cases.
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Old 07-09-2015, 02:58 PM
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Quote:
Originally Posted by bjm44 View Post
Not my lawyer, he wanted to give them what they wanted at the outset. If it wasn't for all my research and case law studying, she would have gotten 44k. MY lawyer is very disinterested in this case and I feel it is because he may not understand unjust enrichment in common law cases.
Good for you... You should note that down. Later you can sue your lawyer for his lack of dilligence.

In terms of the amount, if the case law is on your side then tell her so, stop negotiating and let her go to court tell her she is going to end up with nothing after legal fees.
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Old 07-09-2015, 03:09 PM
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Quote:
Originally Posted by bjm44 View Post
Not my lawyer, he wanted to give them what they wanted at the outset. If it wasn't for all my research and case law studying, she would have gotten 44k. MY lawyer is very disinterested in this case and I feel it is because he may not understand unjust enrichment in common law cases.
In that case, maybe you would be better off representing yourself or getting another lawyer, as it appears your ex is more interested in saving you money than your lawyer is.

If you have no incentive to settle right away, why not let time be on your side? Offer $20K and let your ex decide whether to take it or not. If she doesn't take it, you can either wait her out (until such time as she really needs to get the divorce done, e.g. remarriage when she will be motivated to take your offer) or until she decides to take you to court (and based on what you've outlined here, you are not being unreasonable in this offer).
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Old 07-09-2015, 03:18 PM
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The house was a jointly owned asset.

In all likelihood, the balance of funds continues to be held in a lawyer's trust account pending resolution. There would be some incentive for both to settle and have the final funds released.

btw, as it was a joint asset, I'm with the side that thinks the equity should be divided equally at time of sale, less only your initial downpayment and the roof repair. And then her 1/2 of the expenses for the period of time the house was vacant should be re-directed to you.
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Old 07-09-2015, 06:48 PM
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It has almost 3 years now since this started. Her first lawyer dropped her and then she retained another who has sided with her. She is the type of person who has always had everything she wanted and I probably contributed to that during the relationship which luckily ended before marriage. I paid the majority of things while together and everything afterwords. Honestly if this whole thing was fair, I would get back the money I paid on her loans that she had before her and I dated and also receive a % of the car she drove away in considering I paid about 40% of the payments and a reimbursement for the furniture and rent I paid on her new apartment after she moved out . These are things I am not even asking for and there are many more. Her way of negotiating was to send a picture of her dead dad and I and saying that I promised him I would take care of her so I should give her what she wants and when I didn't she says, I guess that is why he always hated you. Another text was threatening to expose me for tax fraud and when I sent her the CRA hotline number, she called me cold and mean. I have nothing to hide, I am basing my offer on cold hard facts and she is trying to manipulate me into giving her what she wants yet again but not anymore. I just want her to have what a court would think fair. I don't think she should get anything considering i was the one who ended up in with 40k in debt and she ended up with a new car, loans paid down and visa paid off. I am just want it to be over so I never have to hear from her again. She has and is still playing the victim. She told all our neighbors i didn't work when I in fact worked from home and made twice what she made. Her first lawyer came at me guns blazing saying how she had paid for everything and that I owe her 45000 and 10k for spousal support. When I sent him my defense with the documents to back it up, he dropped her. She has nothing to lose only lawyer fees as she put very little in. My credit was damaged last year as a result of having to pay rent and a mortgage and utilities of 3500 per month and trying to live as well. I have since met someone and married so I think she feels angry that I was with her for so long and never married her and that is why she is doing this. BTW, I was never married to her, the relationship and court is in alberta and I currently live in Ontario. I think I am just going to offer 18k. I arrived at that by asking for credit for the down payment, the amount I lowered the mortgage principal, the roof repair and the equity payments I already paid to her. If she does not accept, then it will have to be decided by a judge at which time I will ask for those things other adjustments. I just hope that the almost 60k I paid in mortgage payments and taxes I have paid since separation offset any claims for occupational rent.
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