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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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Old 05-17-2015, 05:32 PM
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I have no issues with the divorced which I rally want but my issue is that my ex and I never settle on the matrimonial home and contents . I know there a rule about a 5 year term to settle a matrimonial home , but how do I object this until I see the home and content equally divided . We separated on May 2011 any help will help/ I can't afford a lawyer and I have 3 of the children living with me while she has one . I'm not asking for support but I know I can request but I dont want a heated battle , I just want everything divided equally . What forms will I request and suggestions please and Thank You ?
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Old 05-17-2015, 09:36 PM
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If neither of you can afford a lawyer, perhaps you could hire the services of a mediator - hopefully you could come to an agreement about what to do with the family home. Best thing to do is to sell it as fast as possible and split the proceeds 50/50. Even a notary could put this document together for you.

Who is living in the house presently?
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Old 05-17-2015, 10:22 PM
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When we decided to part ways my ex stayed in the house with the boys and I walked out with just my clothing and pictures from the kids , rented a apartment and my oldest and middle son moved in less then a month . We came to agreement that once the twins graduate grade 8 , the house goes up for sale which it never did, She does have a lawyer and I was served divorce papers. I don't want to contest the divorce but the home .I personally cant afford a lawyer . I do work but no way to pay a lawyer and my parents cant help me either , I have three of the children living with me .
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Old 05-17-2015, 10:46 PM
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You will want to sell the house asap, before one of you loses a job or goes on medical leave and can not afford it, and before maintenance falls way behind etc...I would get an order and or something in writing about an agreement on selling the house immediately, its a huge factor, beneficial or detrimental if lots is still oweing and it is slowly needing more and more maintenance, not to mention some areas are difficult to sell in now. An agreement you two can come to together without the long expensive process would be best, have it notarized and do it immediately. Its a huge factor in moving forward in my opinion.
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Old 05-17-2015, 11:01 PM
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The issue is she is working and making more and she doesn't want to sell , one attempt was done and she made excuses when realtor's had a showing , I want a peacefully solution and just buy me out or sell. The house is in good state and everything is been looked after , I just want my share and her paying out what ever is contents of the house is worth if its 50/50 since i had to start from new . Im I being to greedy ?
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Old 05-17-2015, 11:21 PM
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Quote:
Originally Posted by sixfeetunder View Post
The issue is she is working and making more and she doesn't want to sell , one attempt was done and she made excuses when realtor's had a showing , I want a peacefully solution and just buy me out or sell. The house is in good state and everything is been looked after , I just want my share and her paying out what ever is contents of the house is worth if its 50/50 since i had to start from new . Im I being to greedy ?
I would put a motion in to sell the home now, trust me, it could be years later before it sells even with a motion to sell starting now. Its a start to something whether its negotiations or sale of the home, but I sure wish I did it 2 years ago.....
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Old 05-18-2015, 02:04 PM
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No, you're not being greedy at all, you have every right to your 50% share of the home. undersc0re is correct, it may take years for the house to sell in this slow market not to mention that your Ex is building status quo so you have to get the ball rolling.

I would head out to the court house, and get clear advice on how to file a motion to have the matrimonial home put on the market. If your Ex wants to keep the home, she'll have to buy out your share with other assets - that's the law. Would be a good idea to have the property evaluated also.
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Old 05-18-2015, 09:42 PM
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Quote:
Originally Posted by sixfeetunder View Post
When we decided to part ways my ex stayed in the house with the boys and I walked out with just my clothing and pictures from the kids , rented a apartment and my oldest and middle son moved in less then a month . We came to agreement that once the twins graduate grade 8 , the house goes up for sale which it never did, She does have a lawyer and I was served divorce papers. I don't want to contest the divorce but the home .I personally cant afford a lawyer . I do work but no way to pay a lawyer and my parents cant help me either , I have three of the children living with me .
When, specifically, where you served papers?

Also, when, specifically, did you move out of the matrimonial home?

I am assuming the matrimonial home is in both your name and hers, is that correct?
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Old 05-18-2015, 09:59 PM
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The papers where served yesterday and we where married 14yrs and we agree to part ways mutually . No that's the issue I have , she worked at a bank and got amazing deal and we decided to do it under her name , but I paid the mortgage for 12 yrs . We have been separated since 2011 May 20th . We have a written agreement that when the twins graduate we will sell the house which happen last year in June . I know she is engaged and I want to protect myself and i think i'm entitle to have content worth too . I have the 3 boys living with me and she has one , i want to be treated fair
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Old 05-19-2015, 08:32 AM
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Going after house contents 4 years later would seem to be time-wasting. Things wouldn't be worth much today (unless you own antiques/collectibles). You can waste a lot of time haggling over who gets the cutlery or the old sofa and out-of-date electronics. Perhaps have her agree to pay legal costs associated with selling house in lieu of you receiving 50% of contents?
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