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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 11-24-2005, 08:22 AM
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Question i want to buy him out!

my X left home with our 14 and a half year old 5 years ago. i am trying to buy his interest in the property. is he entitled to half of the current appraised value or half of the value of the property when he left? he is on social assistance. can he refuse to sell? can he force me to sell? what about all the stuff he left here (hand tools, garbage, toxic waste)? am i responsible for upkeep and/or disposal? must we settle property (matrimonial home) before we can divorce? and must we divorce to settle property?
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Old 11-24-2005, 08:11 PM
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Before you can divorce, all issues have to be settled.

Have you made atttempts to discuss the matter with him and get his stance. If he is a public charge, social assistance, he most likely will lose his social assistance and benefits if he comes into any money as it would be treated as an income. This is probably the reason why he is in no rush to get purchased out.

I believe you value the property at time of separation, but this can be tricky and complicated to do unless you had the property appraised. It is most likely they would use the current value for division.

In regards to personal possessions, send him a nice letter asking him to remove. Technically, he still has an interest in the property where the possessions are stored so I don't think you could do much to force him to remove the belongings. It is a matter of courtesy.
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Old 11-25-2005, 08:30 AM
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Question it's all garbage

thanks so much for the prompt response. very helpful. but about the garbage; i have been slowly sifting through stuff and piling actuall garbage, or what i deem to be garbage, against the fence, ready for pick up. of course i will let him know, but is he liable for half the expense of removal? there is a hearty amount of actuall toxic waste involved.
also, is he still responsible for half the property tax? irregardless of child suppport (or lack of it)?
he all but refuses to communicate with me. i have tried talking face to face and most recently have tried e-mail negotiating. i need to know if there is any action he may take to threaten my residence. is it possible that he would be entitled to future value of the property by holding out like this? at his request, i did have an official appraisal done at current values. my offer to him is for half of the appraised value. is this correct?
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Old 11-25-2005, 06:37 PM
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You can get a "split divorce" in Ont. The divorce can be granted after the 1 year period and then the financial issues can be worked out later. Check out:

http://www.ottawadivorce.com/sever.htm

As for his belongings I'd give him 30 days notice to pick up his things, then I would either throw them out myself or donate them to charity. Give him notice by registered mail or through a lawyer, so he can't say he didn't receive notice.

I believe the value of the home would be calculated by the separation date not today's value.

Good Luck with your situation,
Grace
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