Need Advice on Appraisals on Home - Settlement

[PrincessKatie]

I go to a 3rd Settlement Conference next week and I just got an Appraisal on my home that I have paid for 100%. I bought the home 2 1/2 years ago based on my salary. It has jumped $45,000.00 in that time. He gets half of the 45,000. Can I have them take into consideration the fees for the real estate agent and the lawyer fees, taking into fact that if the house was sold for that, those fees should come off. I really need some advice. We only had the house for one year when he was removed due to the abuse that I went through, and for my safety. He just lived off of me and I had sponsored him. We were only married for 4 3/4 years and the Judge said at the last conference hearing that he will get 5 years of support from me due to some recent case. Where can I look on the Internet for how divorce cases are settled that are similar to mine? I can barely survive on what I make now, because I had to take over the debt and having to pay for the home. I don't want to sell my home. He never paid a cent towards the home or the expenses to run it. What can I do? It is the only thing that I have left and I only have less than 9 years to work before retirement. I am so discouraged and I don't know what to do. I spoke to a retired Judge and he thinks that I should fire my lawyer and get another lawyer that he recommends and ask for some kind of a order so that he will have to show where he has worked for the past 2 years, why he left, and to show proof how much he made at each. My ex said that he made 11,000 last year, with no proof in court. He went through 5 jobs in one year. I know that he is lying. He has become a Canadian Citizen and the Judge was proud to announce that. How can the Judge be proud of a very abusive man, who has also abandoned his 3 children in the states, left the country owing thousands of dollars to the government and over 16,000 dollars in support for 2 of the children. He never paid support for the 1st one. There is also a warrant for his arrest. They don't care here in Canada, just let them all in so they can go to their next victim. Where is the law? I only have 6 days before I go to court and I can't even get a hold of my lawyer. She doesn't return calls and I have recently heard that this is very normal for her. I feel so alone through all of this and need some advice or words of encouragement.
PrincessK

[logicalvelocity]

PrincessKatie,

as you mentioned,

He gets half of the 45,000. Can I have them take into consideration the fees for the real estate agent and the lawyer fees, taking into fact that if the house was sold for that, those fees should come off.

If you are keeping the house those fees are excluded from net equalization and the whole 45K would be up for division. If the house was sold, to a third party then the fees come off net equalization .


I am not sure why they do it that way, as at some point in time, whether the home is kept by a party or not, the home perhaps may be sold. I assume they factor in, the longer a person keeeps the home, it will go up in value.

We were only married for 4 3/4 years and the Judge said at the last conference hearing that he will get 5 years of support from me due to some recent case.

If you got this recomendation from the Judge he was telling you in advance how the court will rule based on the primary facts and jurisprudence.

An under 5 year relationship/ marriage is considered short term and as such why the Judge held 5 years of support.

Where can I look on the Internet for how divorce cases are settled that are similar to mine?

You can find case law here at this site

http://www.canlii.org/index_en.html

type in spousal support and use the Onatrio region for starters and go back 5 years in your search.

He never paid a cent towards the home or the expenses to run it. What can I do? It is the only thing that I have left and I only have less than 9 years to work before retirement. I am so discouraged and I don't know what to do. I spoke to a retired Judge and he thinks that I should fire my lawyer and get another lawyer that he recommends and ask for some kind of a order so that he will have to show where he has worked for the past 2 years, why he left, and to show proof how much he made at each. My ex said that he made 11,000 last year, with no proof in court. He went through 5 jobs in one year. I know that he is lying. He has become a Canadian Citizen and the Judge was proud to announce that. How can the Judge be proud of a very abusive man, who has also abandoned his 3 children in the states, left the country owing thousands of dollars to the government and over 16,000 dollars in support for 2 of the children. He never paid support for the 1st one. There is also a warrant for his arrest. They don't care here in Canada, just let them all in so they can go to their next victim. Where is the law? I only have 6 days before I go to court and I can't even get a hold of my lawyer. She doesn't return calls and I have recently heard that this is very normal for her. I feel so alone through all of this and need some advice or words of encouragement.
PrincessK

Your whole case doesn't seem fair at all. You could question the individual under oath by applying rule 20 of the family law rules to get further disclosure.

lv