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Old 04-24-2017, 10:13 AM
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Question 2 houses in day of separartion

The day of separation between me and ex happened two weeks after we bought new house in Bradford and while the old townhouse in Thornhill was getting sold. We have been living together in the house in Bradford for 7 months in different rooms with all the tensions involved when we decided to separate 6 months prior. I had nowhere to go with no money as my ex took all money from the sale of the townhouse to his new account. After all the fights and stress my ex gave me 15% money from the sale of townhouse in Thornhill. It was very important to protect our 5 y.o. daughter from watching conflicts and unexpected behavior of my ex. I and daughter moved out to rental basement in Thornhill, whereas, I am the sole guarantor for the rent. At the same time, ex-husband is still living in the house in Bradford maintaining mortgage and title under his name.
My Legal Aid lawyer said we can split only one Matrimonial home while we were living together as a family for 5 years in the previously owned townhouse. However, I feel that we need to split money from the sale of the Bradford house title owned by my ex husband. Is this correct? Once we purchased the Bradford home together the price went up. In my opinion, Bradford house should be sold and money split or ex can buy it and compensate with half of the proceeds of a sale. How can I defend my rights and pursue my lawyer to split the second house either through the sale or garnishing the portion of the money as if the house is sold in the current market conditions? Thank you.
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Old 04-24-2017, 10:46 AM
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Originally Posted by Olga View Post
The day of separation between me and (my) ex happened two weeks after we bought (a) new house in Bradford and (our previous) townhouse in Thornhill was getting sold. (Question: Was the purchase agreement with the buyer already signed or was it simply listed for sale?

We have been living together in the house in Bradford for 7 months in different rooms, with all the tensions involved, when we decided to separate 6 months prior. (Question: So you were living together for 1 month, and then on month 2 of 7 you decided to separate and resided in the residence in Bradford for another 6 months?)

I had nowhere to go with no money as my ex took all (the) money from the sale of the townhouse (and placed it in) his new account. After all the fights and stress my ex gave me 15% (of the) money from the sale of (our) townhouse in Thornhill.

It was very important to protect our 5 y.o. daughter from (being exposed to our conflict) and (the) unexpected behavior of my ex. (Our daughter and I) moved (into a) rental basement (apartment) in Thornhill and I am the sole guarantor for the rent (lease holder). At the same time, (my) ex-husband is still living in the house in Bradford maintaining mortgage and title under his name.

My Legal Aid lawyer said we can split only one Matrimonial home while we were living together as a family for 5 years in the previously owned townhouse.

However, I feel that we need to split money from the sale of the Bradford house title owned by my ex husband. Is this correct?

Once we purchased the Bradford home together the price went up. In my opinion, (the) Bradford house should be sold and (the) money (should be) split or (my) ex can buy it and compensate (me) with half of the proceeds of (the) sale.

How can I defend my rights and pursue my lawyer to split the second house either through the sale or garnishing the portion of the money as if the house is sold in the current market conditions?

Thank you.
Trying to make the wall of text clearer for everyone.
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Old 04-24-2017, 12:26 PM
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Quote:
Originally Posted by Olga View Post
The day of separation between me and ex happened two weeks after we bought new house in Bradford and while the old townhouse in Thornhill was getting sold. We have been living together in the house in Bradford for 7 months in different rooms with all the tensions involved when we decided to separate 6 months prior. I had nowhere to go with no money as my ex took all money from the sale of the townhouse to his new account. After all the fights and stress my ex gave me 15% money from the sale of townhouse in Thornhill. It was very important to protect our 5 y.o. daughter from watching conflicts and unexpected behavior of my ex. I and daughter moved out to rental basement in Thornhill, whereas, I am the sole guarantor for the rent. At the same time, ex-husband is still living in the house in Bradford maintaining mortgage and title under his name.
My Legal Aid lawyer said we can split only one Matrimonial home while we were living together as a family for 5 years in the previously owned townhouse. However, I feel that we need to split money from the sale of the Bradford house title owned by my ex husband. Is this correct? Once we purchased the Bradford home together the price went up. In my opinion, Bradford house should be sold and money split or ex can buy it and compensate with half of the proceeds of a sale. How can I defend my rights and pursue my lawyer to split the second house either through the sale or garnishing the portion of the money as if the house is sold in the current market conditions? Thank you.
So reading your post, I'm confused. Why would your Legal Aid lawyer suggest you split the already sold house unless the presumption is that you never actually lived in the new house....which would be corroborated by the fact that your ex also gave you a percentage of that proceeds of the previous sale. You may not agree with the percentage amount but if you weren't separated, why did he give you any money at all?

You also don't live at that house and it sounds like you're trying to make the excuse that you suddenly moved out for your daughter's needs but that seems strange since you, in essence moved her into a new house and then moved again...that's pretty traumatic. Unless the reality is that you really only moved once...from your marital home into an apartment...which would make sense to the details of your story.

It seems that you're trying to sell the idea that you lived in your ex's latest home and it wasn't bought post-separation because its worth a lot more money in a split than the previous home you two lived in together. You can certainly try that strategy...but you're going to have to prove that you lived there pre-separation....which might be why your legal aid lawyer is advising you the way they are.

I have no idea...but just based on what you posted, your story sounds kinda fishy.

So question....why did you accept the 15% of proceeds of the previous house you sold if you were just moving into a new home with your husband? I don't get that. Why did he split the funds at all...and why did you accept them? I've never known couples to split the proceeds of a home sale...unless they're splitting up their relationship also.

Last edited by Pursuinghappiness; 04-24-2017 at 12:28 PM.
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Old 04-24-2017, 03:21 PM
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It seems the new house is only in your husbands name and he holds the mortgage... your timelines seem strangely close. You separated 1 month after buying a new house? Were you moved into said new house or was an offer put on the new house and you separated before the deal closed? If you were not living in the new house at the time of separation it would not be considered the mat home. If the old home sold would the proceeds from that not go towards purchasing the new, more expensive home? Why would he give you 15% if you were moving as a family?

I get the feeling you separated before the house closed and he allowed you to stay in the house for 6 months until you found a place of your own. Just because he let you stay there doesn't mean it automatically becomes a home he has to split.


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Old 04-24-2017, 06:21 PM
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Date of separation will be imperative to resolve the issues.

IMO: People paying lawyers (out of their own pockets) are motivated by impending legal bills (not freebe legal aid) to settle things quickly.
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Old 04-24-2017, 08:17 PM
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Im not an expert on house splitting but I have to agree with your lawyer. How on earth do you think youre going to split two houses? Added to that, how exactly do you think you are entitled to the increase in value of a house for one month? Even if the house went up $10,000 in value thats only $5,000. Im pretty sure you dont get the full value of the house, you get a portion of the value increase.

Theres a difference between being stupid and greedy and "protecting [your] child". You should focus on the value you are entitled to for the first home you spent five years in.
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Old 04-24-2017, 08:22 PM
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Does the poster have an individual expert evaluation proving house increased substantially in value within one months' time? Even in high-end Toronto (unlikely if the two parties have legal aid representation) surely this would not be significant enough to warrant litigation?

Most things in family court come down to documentation and the person who has the most plausible, accurate documentation usually succeeds.
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Old 04-24-2017, 09:07 PM
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Yes, I agree with the other comments. If this sounds fishy to us...and it does...its going to sound fishy to a judge.

And what it sounds like is that you two separated...and moved into separate homes...and you realized that you'd make more money taking a profit from the home your stbx bought post-separation rather than the marital home. So now you want both.

Read this part of what you posted:

Quote:
In my opinion, Bradford house should be sold and money split or ex can buy it and compensate with half of the proceeds of a sale. How can I defend my rights and pursue my lawyer to split the second house either through the sale or garnishing the portion of the money as if the house is sold in the current market conditions?
This doesn't make you sound very good.

At the end of the day, my advice...similar to your lawyer...is to dispute the fair equitable split of the actual marital home. If you only got 15% of the equity proceeds...and can prove it....you have a fair claim to the remainder of that money. But you can't take his new home too...that's just unreasonable.

By the way, I'm assuming your 15% of the equity proceeds of the original home didn't go to the downpayment on the new home right?
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Old 04-24-2017, 11:28 PM
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A: Hi, First townhouse was listed on market and sold in week later, I don't think my mind was clear enough to try to change things...
B: I had been leaving together with my ex at our house for 6 month as we were trying to find solution, but it went worse. Also he would not let me take my daughter with me as she was attending school in Bradford. Another reason he was out of country for 2 month. He took all money from our joint account so I couldn't rent anything . He gave me 15% from old house as he know some of part is mine and so I was was able to rent something, When I moved to other city place I also lost my job. He was manipulating by using our daughter. As we purchased together in new house in Bradford where is part of my down payment. My ex not able to anything with house without my sign
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Old 04-25-2017, 06:50 PM
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Quote:
Originally Posted by Olga View Post
A: Hi, First townhouse was listed on market and sold in week later, I don't think my mind was clear enough to try to change things...
B: I had been leaving together with my ex at our house for 6 month as we were trying to find solution, but it went worse. Also he would not let me take my daughter with me as she was attending school in Bradford. Another reason he was out of country for 2 month. He took all money from our joint account so I couldn't rent anything . He gave me 15% from old house as he know some of part is mine and so I was was able to rent something, When I moved to other city place I also lost my job. He was manipulating by using our daughter. As we purchased together in new house in Bradford where is part of my down payment. My ex not able to anything with house without my sign
Again, you're going to have issues with this story because you took a certain portion of proceeds from the previous house to move out.

What you should have done is pushed for a dispositioning of the current home BEFORE you moved out or took proceeds of the previous home sale.

You can't keep the 15% AND then push for a split of the current home also. Sorry but that's just unreasonable. You have to pick one or the other and have the evidence for whichever argument you're making. Whether that's asking for the remaining split of the 1st home....or paying that monies back and asking for a split of the second home depends on what you can prove.

I take it your ex is arguing that the house he's now living in is his post-separation home?
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