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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 12-24-2013, 01:36 AM
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If she takes them, and refuses to agree when she will be bringing them back, it would be IDEAL if you could file a motion in court to establish a parenting schedule within 1 week of not seeing your kids - and definitely let her know this is your plan if it looks like it is heading this way after a few days. This does NOT mean you are going to trial, but it indicates how serious you are, and puts pressure on her to negotiate.
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  #22 (permalink)  
Old 12-27-2013, 09:33 PM
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Does any body know which form do I need to use for Financial Statement 13, 13.1 or 13B during SA?
Also any lawyer advise? I saw one he seems ok ... but well I do not have much experience to make a judgment ...

thanks
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Old 12-27-2013, 10:05 PM
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@ abu

Family Law Rules Forms

Form 13, Financial Statement (Support Claims)
    • Use this form when making or responding to a claim for support, but not making or responding to a claim for property or exclusive possession of the matrimonial home or its contents.
    • This is always used in the Ontario Court of Justice.

Form 13.1, Financial Statement (Property and Support Claims):
    • Use this form when making or responding to a claim for property or exclusive possession of the matrimonial home and its contents, whether or not a claim for support is included.
    • This is always in the Superior Court of Justice.
    • Divorcemate offers a blank Form 13.1 with instructions that can be sent to the client for the client’s initial draft.

To answer your
Quote:
any lawyer advise?
question...you will have to do that legwork by yourself, call around a few family law office, generally they will provide you with 30mins free consultation. Additionally, seek people that have gone through the process and get feedback from them.
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Old 01-14-2014, 10:07 PM
abu abu is offline
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so far everything seems to be "ok"
we agreed on the SA, we are waiting for few papers for the Financial Statement ...
I am still not sure how to handle the house/mortgage thing ...
how much time should I give her to find her own mortgage, or what to do if she stop paying the mortgage ... what would be the best and safest thing for me to do (we agree that I would move out and she would stay and pay for the place and find her own financing)
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Old 01-15-2014, 09:38 AM
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Quote:
Originally Posted by abu View Post
so far everything seems to be "ok"
we agreed on the SA, we are waiting for few papers for the Financial Statement ...
I am still not sure how to handle the house/mortgage thing ...
how much time should I give her to find her own mortgage, or what to do if she stop paying the mortgage ... what would be the best and safest thing for me to do (we agree that I would move out and she would stay and pay for the place and find her own financing)
You should not have agreed to letting her stay until she had arranged her own financing for the house.

In regards to a house there are only ever three options.

1. She buys you out
2. You buy her out
3. The house is sold.

If neither person qualify for the mortgage to keep the house option 3 is the only one.

I would give her 21 days to provide proof of approval. If after 21 days she is not able to provide proof that she qualifies for the mortgage then you should put the house up for sale, unless you want it.

I will tell you this was a HUGE waste of time on my part in negotiating my settlement. She wanted to buy me out. She then found out she didn't qualify but never told me or my lawyer. She just kept telling us that she was working on it. This allowed her to stall for several months... It's possible to get an approval within a week. Give her a deadline. If the deadline passes with nothing you may have to file a motion to have the house sold. There is ZERO reason for her to do anything while she lives in a house you are paying half for. Trust me on this... Don't let this take months. If in three weeks you don't hear anything get a for sale sign put on the lawn. She will complain but tell her if she gets approval before the house is sold then it's a done deal...If not the house gets sold.
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  #26 (permalink)  
Old 01-15-2014, 01:56 PM
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thanks FB
we did not sign anything yet ...
what if we "agree" to sign that we will put it on the marked in 3~4 months unless she bays/mortgage it out before that time
during that time she will stay there and be responsible for all the mortgage/cost since she will be living there and I will have to pay rent for my own place ?
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Old 01-15-2014, 02:02 PM
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Quote:
Originally Posted by abu View Post
thanks FB
we did not sign anything yet ...
what if we "agree" to sign that we will put it on the marked in 3~4 months unless she bays/mortgage it out before that time
during that time she will stay there and be responsible for all the mortgage/cost since she will be living there and I will have to pay rent for my own place ?
Way too long in my opinion... You either qualify or you don't. It's pretty simple. I got a next day response for my pre-approval application.
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Old 01-15-2014, 02:29 PM
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Quote:
She has been seeing somebody for a few months now
Be happy someone is taking her off your hands

Quote:
She decided that I should move out and sign the place over to her .
Ahahahahahahha...was she under the influence of something when she said this?

Quote:
We got our place recently (its on my name only so is the mortgage – but I did sign “something” during buying process that I can not sell it without her)
Hmmmm....sounds like a what's yours is ours kinda deal there

Quote:
so far everything seems to be "ok"
Glad to hear it, and hopefully your house is not being used as a brothel?

@ Abu......just sell the house and say Ces't La vie to it all (not your kids of course)
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  #29 (permalink)  
Old 01-15-2014, 09:24 PM
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Quote:
In regards to a house there are only ever three options.
1. She buys you out
2. You buy her out
3. The house is sold.
that makes sense
Quote:
I would give her 21 days to provide proof of approval. If after 21 days she is not able to provide proof that she qualifies for the mortgage then you should put the house up for sale, unless you want it.
what if she does not qualifies or want to sell it ... how can I sell it with out her ...
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  #30 (permalink)  
Old 01-16-2014, 09:46 AM
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Quote:
Originally Posted by abu View Post
what if she does not qualifies or want to sell it ... how can I sell it with out her ...
You get a court order to have the house prepared for sale and listed.

She can't sit there and say "I can't buy you out, but I don't want to sell it." Well, I guess she can if you agree to allow her to stay in the house and get a disproportionate share of the other matrimonial assets or a locked amount payable in X number of years, such amount being equal to your share of the FMV of the house as of the effective date of divorce.

But I would recommend you don't wait on the money, because should you wait and it not come, you are back in court anyway.
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