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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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  #21 (permalink)  
Old 03-18-2017, 09:19 PM
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Quote:
Originally Posted by Soiled View Post
Paris your arguing as though he has just let this situation happen. Her stated he has been trying to get this stuff done... While I don't know which area of Alberta he is in, 60k of equity could easily be the low end for the house. I purchased my home 6 years ago near Edmonton, at 250k, similar homes in the area are now selling for 325k. That's 75k in equity not factoring in payments against the mortgage.

My mortgage payment is also around that figure. So over 6 years with approx half the payment going to interest, that's approx 30k paid off, bringing the total equity to 105k.

Then if his area is like mine, in that rent is ridiculous... Houses like mine rent at about 1600-1900 per month, nothing inclusive. That would make for some very favourable occupational rent figures.
My house is in clairmont
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  #22 (permalink)  
Old 03-18-2017, 11:05 PM
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Originally Posted by Bruce44 View Post
920×12month is 11k. 11k × 6 years. The total mortgage including the interest was 147k. It doesnt matter if its just her name on the line of credit, she got it when we were married.
As i mentioned above, she cant re finance due to bad credit so I cant get my name off anything. She also doesnt want to sell anything. If she defaults and they come after me, Ill just file for bankruptcy instead of paying for a car and a house that i cant use
Your math is the same as mine. Except you aren't allowing for the interest.

Just guessing numbers... 147k mortgage over 15 years at 5% interest paying $920 a month. After 6 years the current balance owing is $120,757.78

You can plug in the correct numbers here https://financial-calculators.com/amortization-schedule to figure it out.

But, you should know the balance. It's your mortgage too. You can walk into the bank and ask.

As for the LOC, yes, you are both responsible for it. After 6 years it's hard to establish a paper trail for what you yourself are really liable for. I'm not accusing you of just sitting on the problem for 6 years, but you've made no steps to deal with it.

If she can't refinance to buy you out, then you need to force the sale of the house.

But... 6 years? A quick google and I found this... "The Family Law Act requires married spouses to make a claim for equalization (equal division) of net family property within the earliest of: 6 months after the first spouse’s death, 2 years after a divorce has been ordered or 6 years from the date of separation. A failure to make a claim within the limitation period will bar the claimant from recovering a share of net family property."

You might want to check the time limits in Alberta.
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  #23 (permalink)  
Old 03-19-2017, 12:01 AM
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Quote:
Originally Posted by paris View Post
Your math is the same as mine. Except you aren't allowing for the interest.

Just guessing numbers... 147k mortgage over 15 years at 5% interest paying $920 a month. After 6 years the current balance owing is $120,757.78

You can plug in the correct numbers here https://financial-calculators.com/amortization-schedule to figure it out.

But, you should know the balance. It's your mortgage too. You can walk into the bank and ask.

As for the LOC, yes, you are both responsible for it. After 6 years it's hard to establish a paper trail for what you yourself are really liable for. I'm not accusing you of just sitting on the problem for 6 years, but you've made no steps to deal with it.

If she can't refinance to buy you out, then you need to force the sale of the house.

But... 6 years? A quick google and I found this... "The Family Law Act requires married spouses to make a claim for equalization (equal division) of net family property within the earliest of: 6 months after the first spouse’s death, 2 years after a divorce has been ordered or 6 years from the date of separation. A failure to make a claim within the limitation period will bar the claimant from recovering a share of net family property."

You might want to check the time limits in Alberta.
Well here is the thing, I don't want anything from our marriage. I am happy to let her keep everything as long as I don't get the debts. But if she wants me to pay half the debts, I want half the assets.

"but you've made no steps to deal with it." Well since I made minimum wage and went to school for the last 6 years, I couldn't really afford a lawyer and any separation agreement I sent to her she ignored and blocked any form of communication I had. I wanted to sell everything and split the assets and debts. She wants to keep the house, car and all the assets but still wants me to pay half the mortgage and debts. She thinks that I owe her for the years I abandoned her with all the bills. But as mentioned before, she made it impossible to live there. We only had 2 rooms. 1 was for her and bf while the other was for her business.

"But, you should know the balance. It's your mortgage too." Technically it isnt my mortgage because we were common law when she applied. But my name isn't on it because I had no credit during our application date. The mortgage and line of credit was all under her name so I am not allowed access to account info.

I'm trying to get divorced now because I have the funds available to do so.
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  #24 (permalink)  
Old 03-19-2017, 12:31 AM
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Your last post is much clearer.

I think you should be able to simply file for divorce stating that all property issues have been dealt with (or maybe there's wording to state the 6 year limitation has passed so there's nothing to deal with?). If she wants to fight for anything let her try, but I don't think she'll have much success. Same as I've been saying I don't think you would either.
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Old 03-19-2017, 01:07 AM
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Quote:
Originally Posted by paris View Post
Your last post is much clearer.

I think you should be able to simply file for divorce stating that all property issues have been dealt with (or maybe there's wording to state the 6 year limitation has passed so there's nothing to deal with?). If she wants to fight for anything let her try, but I don't think she'll have much success. Same as I've been saying I don't think you would either.
An application for a matrimonial property order to which
section 5(1)(c) or (e) applies may be commenced within 2 years
after the date the spouses separated.

Looks like she had only 2 years in Alberta. I'm not sure if she actually has applied since I haven't received anything from her or her lawyer.
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