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Old 12-29-2016, 09:55 AM
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Default Ex not responding to email re. sale of matrimonial home

Ex is living in matrimonial home, for which I remain on deed, and am paying a portion of the Line of Credit payments and the property tax. We agreed in the SA that we would keep the matrimonial home in the best interest of the kids, until they were done school.

After 4 years, they are now finished school and that triggers the section of the SA where it says we will sell the home and make final equalization. My ex has first right of refusal on the home. We've also had a third party appraiser come by to determine that home value, for the purposes of the equalization.

As she wishes to stay in the home and buy me out, based on the final equalization, we agreed to draw up our respective calculations and then get together to hammer out the details.

That agreement to sit down to share each others calculation was over two months ago, and I have sent numerous emails to her to set a date to do this and have been met with silence.

She's responded to other emails pertaining to the kids, but is avoiding this matter, even when I've informed her that if there was any issues that would hinder her staying in the home, I'd be happy to discuss and work something out.

I'm beyond frustrated, as my share of the equity works out to just shy of $40k, after everything is squared away.

Our SA basically that if we disagree on a reviewable or variable term of the SA, that we'll negotiate first, or through our respective counsel, and that if we can't agree within 28 days of the request for review, that we try mediation first, then by court application.

My next email to her (didn't want to do this right before Christmas), will point out her obligation in the SA, but I'm not really anticipating a reply.

If she ignores the request for mediation, what are my options? i know I can't drag her to mediation against her will, but it seems like a huge waste of money for each of us to have to get lawyers involved. And the cost? Why should I be on the hook for that? Shouldn't that be something included in the final equalization, since it's her obstinance that is causing this?
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Old 12-29-2016, 12:09 PM
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Motion for the sale of the home.
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Old 01-02-2017, 05:03 PM
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^^^ that is about all you can do.
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