Separation Agreement.

[wmike]

LV.

Hi, I'll make this short and get right to my question. I hope that I am not all over the map..as pressure has been getting too me.! Presently, I am in the matrimonial home with my 3 children. My wife up & moved out August 01 after a Case Conference in May denied her exclusive possession and she appeared without full disclosure of income. I have disclosed everthing, including pension values etc. and came up with a buyout figure on the
Mat. home.

Sept,2006: A draft Separation Agreement between my spouses Lawyer and my Lawyer has gone array. I requested that they drafted the initial one. We responded with issues on joint debt figures and CPP. They came back with no options - no negotiations, the Debt iks yours, sign this by Friday at 09:00 am or we go back to court. Their fwrding statement from her Lawyer has once more threatened court - Case Conference and force the sell of my home. They are attempting to "hold a gun to my head" - sign this or else by 09:00am. Is the Sep. Agreement phase not a time to negotiate and talk terms in a cooperative manner.

Nov 8,2006 I have a copy of a document from the Bank showing her signature & mine on the Joint Mortgage, Line of Credit and Visa. Her request for personal Possessions in the house are build into the Separation Agreement.....which have not been settled yet.! Until those are settled, I will not sign any Sep. Agreement.

Question: Will a Judge not see that this type of approach, force play & tactics does not form a productive & cooperative type of environment.?

Can they force the Sell of the house again.? She has moved out, abandoned debt and our 3 children are with me (no custody). The 3 are 21yrs, 19yrs and 15yrs old - 2 attending University.

Help.! Please respond asap with any advise whatsoever.

[littleman]

Hi Mike & welcome,

If your wife has left it is considered abandonment yes mostly for the sake of custody. However in your situation you only have a question of custody of one child the 15 year old. The older children she would be held financially responsible for paying half the schooling costs unless they are working fulltime. As far as your residence goes you need to have place to live for you & your abandoned children.....a judge would recognize that remaining in the residence is the most financially sound decision whereas renting an apartment (4 bedrooms) would be upwards of 1500$-2500$ per month depending where you live in the country.

If she has signed on the mortgage, line of credit and whatever else she is legally bound to pay her obligation however if she defaults you are liable for her part.......then to get the part back that you have covered it would be a civil matter. Trust me even having who is responsible for what marital debt in a seperation agreement isnt worth the paper its written on when it comes down to default at the bank and the bank doesnt recognize it either, they will advise you that it is a civil matter and it will effect your credit if she defaults. From personal experience the best thing to do if you are splitting joint debts is to have her re-write the loan with only her name on it and you do the same.......that way anything happens to your credit its no one elses fault but yours. Dont mean to sound harsh but trust me can take years off you and your life literally.......takes years to fix the mess.........

Just a footnote.......

make sure you are not missing any or have any of her cheques.........I just found out after 4 years of being divorced my ex wrote a cheque in my name & it was sent to collection agency...........BE CAREFUL AND SELF CONSCIENCE OF YOUR SITUATION!!!!!!!!!!!

It takes time & loads of frustration but eventually its going to settle down.