concern re. purchase of property during separation

[Road2free]

I've been trying to come up with an agreement with my ex for over a year. We tried mediation, he didn't want to proceed. At some point he was co-operative and we agreed on division of property verbaly, so I went and bought property to move out as he agreed to take over house. In meantime he changed his mind and we're at the square one again where only court can resolve the issue. I'm pre-approved for mortgage, but he is threatening now that all my accounts and property will be frozen and I won't be able to finalize my purchase and move out. The closing date is in July and my son's dreams will be shuttered if we won't be able to move out to that new place that he is so looking forward. This is abusive relationship, we had police coming over few times, I can't stand this any more. We've been separated for over a year alerady, but living in the same household. There is no doubt that we have to go through court process now and there is no way we can stay in this unhealthy enviroment together. My only concern is new property and final approval of my mortgage? will it be affected by court process or order to 'freeze' accounts?Can anyone shed some light on this?

[Tayken]

Originally Posted by Road2free

I've been trying to come up with an agreement with my ex for over a year. We tried mediation, he didn't want to proceed. At some point he was co-operative and we agreed on division of property verbaly, so I went and bought property to move out as he agreed to take over house. In meantime he changed his mind and we're at the square one again where only court can resolve the issue. I'm pre-approved for mortgage, but he is threatening now that all my accounts and property will be frozen and I won't be able to finalize my purchase and move out. The closing date is in July and my son's dreams will be shuttered if we won't be able to move out to that new place that he is so looking forward. This is abusive relationship, we had police coming over few times, I can't stand this any more. We've been separated for over a year alerady, but living in the same household. There is no doubt that we have to go through court process now and there is no way we can stay in this unhealthy enviroment together. My only concern is new property and final approval of my mortgage? will it be affected by court process or order to 'freeze' accounts?Can anyone shed some light on this?

1. An order to "freeze" assets is a very serious one.
2. Never make verbal agreements everything should be in writing.
3. You left the matrimonial home and found new residence.
4. Has the other party not paid the mortgage and other responsibilities to the home.

My recommendation, would be to go on motion to have the matrimonial home sold. You will need a evaluation based on the date of evaluation (when you started living separate and apart) by a qualified individual. Make arrangements to have this done.

Once you have the assessment on the cost of the matrimonial home, proceed with a motion and request the sale of the matrimonial home.

Warning though, if you are before the court it will eventually end with a trial. All motions unless matters are settled can open the door to trial.

Good Luck!
Tayken