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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 04-17-2014, 12:30 PM
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Default Matrimonial Property Act in Alberta

Hello All,

First post on here.

I've been separated for a year and it's been a complete stall game by the other side.

I left the home in April 2013. I started paying Child Support right away.

Parenting arrangement has been a complete struggle but after much gong, finally transitioned to 50/50.

So now we deal with MPA.

In May 2013 she indicated she would be buying me out of the home (Via her lawyer).

Since then nothing has happened. So this past month I fired my lawyer and self represented.

I put in a general application for a court date here in Edmonton to 1) Get an appraisal of the house and 2) Divide all assets/debts equally.

Well that got the ball rolling so I was finally allowed to get an accredited appraiser and Real Estate Agent to do an appraisal. They were within 10K of one another, so in order to get the process going, I took the Appraiser value (10K less) and sent her lawyer a letter outlining the appraisal and division.

The Court date, in the meantime, had to be changed since her lawyer wasn't "available". Fine One reschedule is typical.

So our new court date is April 24th.

I received a letter yesterday from her lawyer saying she has not had time to review the appraisal or asset/debt split (50/50 of course as per MPA) and wants me to reschedule AGAIN.

Her Lawyer also says the court won't even divide the MP on a final basis.

I called the Family law info center this morning and they said it's up to the courts what they want to do so the lawyer really can't say that.

Her lawyer said I should adjourn the court date and then we can "Work on a final agreement with respect to matters of property".

Okay so my question is what do I do? Given...

-They have stalled since May 2013 even to get an appraisal done (numerous attempts).
-I've gotten the appraisal done and now they conveniently say they don;t have time to review the appraisal. The court date is April 24h. I sent all the documents on April 14th (Appraisal and proposed debt/asset split). That is 10 days prior to court.
-I am not contesting anything, a few thousand this way or that way I really don't care, if she is truly buying me out she can't hold me hostage as I am wanting to purchase my own home with the funds received..

Any advice???

Her Lawyer is a bully but in the past month I've called her out on a number of lies and she seems to back down.

I DO NOT want to go to court on April 24th and get it Adjourned if rescheduling simply 5 days later with a supplementary affidavit with more supportive evidence would be better.
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Old 04-17-2014, 01:10 PM
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You are self-represented and she has legal counsel and they can't get their act together and review an appraisal?

PM me her lawyer's name and which judges you have been in front of. I've been in front of 8 different judges and perhaps can give you some insight.

If it were the other way around and you were represented by counsel and she was self-represented the court would likely allow the adjournment. Not so sure in your current situation - really comes down to the judge.

You can cut through alot of the BS and request Case Management Judge - other side will HATE this. Then every time you go to court you get the same judge. I wish I had done this 4 years ago but then I didn't know my situation would continue on this long.

You are abiding by Rules of Court. Other side has to have a pretty good reason to adjourn, IMO and from what you have stated they don't. You want the house on the market NOW as it's the best time of year to sell. Division of proceeds can be decided down the road.
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Old 04-17-2014, 01:43 PM
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Her lawyer was just assigned to the case, might be grounds for adjourning?
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Old 04-17-2014, 02:42 PM
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Are we talking Legal Aid lawyer here?

Issue is to have house sold? Determining listing price? That's a relatively simple matter. You send the lawyer a letter and say you are ready to go forward to have home put on the market - see ya in court. Judge may or may not allow adjournment (many judges do not allow adjournments nilly-willy).

Keep in mind you are soon heading into the reduced summer hour court schedule in Edmonton. I'd therefore push for this matter (selling house) to be heard. You don't want to miss the best time for place to be listed/sold.
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Old 04-17-2014, 06:19 PM
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Hey folks,

Her lawyer is high priced and has been with her for a year.

I spoke to someone today and thy said go to court and ask the court to set strict deadlines for settlement and then fund division. And I she can't afford to buy me out strict deadlines for house sale.
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