Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #41 (permalink)  
Old 08-17-2016, 03:43 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,227
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Motion schedule is usually posted the day before. Check online to see if yours is listed for tomorrow.
Reply With Quote
  #42 (permalink)  
Old 08-18-2016, 12:11 AM
mafia007's Avatar
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 235
mafia007 is on a distinguished road
Default

Quote:
Originally Posted by blinkandimgone View Post
Motion schedule is usually posted the day before. Check online to see if yours is listed for tomorrow.
It is scheduled for tomorrow for sure. But she was suppose to serve and file a notice for contempt of order for that same motion and she did not.
Reply With Quote
  #43 (permalink)  
Old 08-18-2016, 11:20 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by mafia007 View Post
It is scheduled for tomorrow for sure. But she was suppose to serve and file a notice for contempt of order for that same motion and she did not.
Maybe she came to her senses or the filing was rejected. There are all sorts of service rules for contempt. Were you personally served the contempt notice? If not, they can't proceed without the affidavit of service that it happened.

They actually have to serve you in person (not your lawyer) the documents.
Reply With Quote
  #44 (permalink)  
Old 08-18-2016, 11:06 PM
mafia007's Avatar
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 235
mafia007 is on a distinguished road
Default

I wasn't served in person but got a Notice of Motion as a heads up on what they were going to argue but was not signed by my ex and wasn't the right form to use anyway. I ignored it as it was not official.

Today, the Justice advised both lawyers that she was scheduled only to address the access issue. She also noticed that the wrong form was used to address the contempt of order and that it wasn't served and filed by the party properly. Most importantly... it wasn't signed so how could this be brought before the Court? She apparently told my ex's lawyer to "Not even mention the word Contempt Today!"

This issue is still outstanding for the moment.
Reply With Quote
  #45 (permalink)  
Old 09-18-2016, 12:56 AM
mafia007's Avatar
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 235
mafia007 is on a distinguished road
Default

Update concerning this issue.

On her SC Brief, my STBX is asking for an order to transfer the deeds of the property to her name without my consent.

On my brief, I am asking for sale and partition of the house and division of the equity immediately.
Reply With Quote
  #46 (permalink)  
Old 10-18-2016, 03:10 PM
mafia007's Avatar
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 235
mafia007 is on a distinguished road
Default

Matrimonial home was ordered to be transferred to her and the equity will be addressed at the equalization process. So I need to wait until trial to found out if I can have my share of the equity or not.

When you have kids and a pension that is worth over 50% of your interest in the matrimonial home, it is very hard to apply the Partition Act in your favor. This is where most of the men are forced to live in a basement and can never afford to buy a house in the future. The Court cannot understand that we "men" cannot live without our garage and tools. They think that we are only good for working and being good payers.
Reply With Quote
  #47 (permalink)  
Old 10-18-2016, 03:56 PM
Senior Member
 
Join Date: May 2016
Posts: 212
hopefull is on a distinguished road
Default

It's a game of tag.....tag and you are IT. What is the lesson learned? Stay away from an un-equal or don't get caught up in common law / marriage

Quote:
Originally Posted by mafia007 View Post
Matrimonial home was ordered to be transferred to her and the equity will be addressed at the equalization process. So I need to wait until trial to found out if I can have my share of the equity or not.

When you have kids and a pension that is worth over 50% of your interest in the matrimonial home, it is very hard to apply the Partition Act in your favor. This is where most of the men are forced to live in a basement and can never afford to buy a house in the future. The Court cannot understand that we "men" cannot live without our garage and tools. They think that we are only good for working and being good payers.
Reply With Quote
  #48 (permalink)  
Old 10-19-2016, 12:57 AM
mafia007's Avatar
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 235
mafia007 is on a distinguished road
Default

Quote:
Originally Posted by hopefull View Post
It's a game of tag.....tag and you are IT. What is the lesson learned? Stay away from an un-equal or don't get caught up in common law / marriage
The key is to have a marriage contract or a prenuptial contract to secure your pension and hers. This way, if one spouse doesn't built their own pension, they do not have access to the others. Also, the spouse with an accumulated pension is not forced to leave the house to the other spouse and struggling to start all over again.
Reply With Quote
  #49 (permalink)  
Old 10-19-2016, 10:27 AM
Senior Member
 
Join Date: May 2016
Posts: 212
hopefull is on a distinguished road
Default

In an ideal world ...yes, but you've read stories where prenups/agreements have been thrown out of the window due to changes in circumstance e.g. the other spouse develops a health issue or the like.

What is it they says about best laid plans? You almost need an iron-clad plan on top of a plan.

Quote:
Originally Posted by mafia007 View Post
The key is to have a marriage contract or a prenuptial contract to secure your pension and hers. This way, if one spouse doesn't built their own pension, they do not have access to the others. Also, the spouse with an accumulated pension is not forced to leave the house to the other spouse and struggling to start all over again.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Matrimonial home question North of 40 Divorce & Family Law 5 03-06-2014 10:00 AM
Matrimonial home question ftmomont Financial Issues 2 09-20-2012 10:48 AM
Matrimonial home UNEVEN SPLIT username Financial Issues 3 06-04-2012 11:40 AM
Matrimonial Home mortgage payment issues! SwanSong Financial Issues 18 03-05-2012 11:16 AM
Friend visit in matrimonial home Pinto Divorce & Family Law 7 05-13-2011 01:38 PM


All times are GMT -4. The time now is 08:55 AM.