when other lawyer doesn't respond

[peterr]

hi,
I hope someone has an answer for me here. I separated from my wife back in June 2009, we sold our condo in November which was the matrimonial home. there is some money left from selling the condo, for which most of it should be applied to paying off the family debt first. This is debt is primarily mine since my wife was new to canada and didn't have a job for most of the time before separation, therefore she had no loans or credit cards to be in debt, as well, i was paying all the money for mortgage and pretty much all the daily life expenses. As a result of my marriage, i am under a lot debt which i didn't have prior to my marriage, so technically this money left from selling the condo should go towards paying this debt first, then whatever is left will be divided between me and her.

the problem is, my lawyer has been trying to have my wife and her lawyer to come to a meeting, to discuss how this money should be settled, but the other lawyer has not responded to the three letters and multiple phone messages my lawyer has left him. my lawyer tells me that there is pretty much no choice but to take this case to the court, but it will have a hefty cost which will waste most of that money. I have a feeling that I am being played by these two lawyers so the case goes to court and they make money. how can i avoid this case going to court and get the other lawyer coming to a meeting?

[NBDad]

As a result of my marriage, i am under a lot debt which i didn't have prior to my marriage, so technically this money left from selling the condo should go towards paying this debt first, then whatever is left will be divided between me and her

The debt was incurred DURING the marriage correct? You didn't enter INTO the marriage with it?

If the above statement is correct, then your understanding is also correct.
Marital Assets - Marital Liabilities = Equity to be split.

[peterr]

yes the debt incurred after the marriage. I am just wondering why her lawyer is not responding to our letters, and how i can get around settling this money without having to pay lots of money for nothing to my lawyer to solve this case in court.

[logicalvelocity]

Originally Posted by peterr

yes the debt incurred after the marriage. I am just wondering why her lawyer is not responding to our letters, and how i can get around settling this money without having to pay lots of money for nothing to my lawyer to solve this case in court.

In my view, why not just call your Ex....you will save. Explain your theory -- or exchange informal briefs independently. Perhaps sit down and consider some sort of Separation Agreement. Another alternative to litigation is mediation.


lv

[peterr]

Originally Posted by logicalvelocity

In my view, why not just call your Ex....you will save. Explain your theory -- or exchange informal briefs independently. Perhaps sit down and consider some sort of Separation Agreement. Another alternative to litigation is mediation.


lv

i tired that and she told me to talk to her lawyer, you see, my wife knows that she will get very little money and she also knows that I need that money to pay off my debt, so in her diabolical mind, knowing that she's not going to get much, she is trying to make sure that I get as little as possible too, by the money being pocketed by the lawyers. so i need a way to get around this mess without this case ending up in court.