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Can you force equalization of property w/o a trial?

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  • Can you force equalization of property w/o a trial?

    Can you force to getthe property equalized without a trial? My ex is dragging their feet. We haven't received financial disclosure- they are 2 mths. late and want to "keep 100%" of the house and other property. What can I do to speed this up? It's been over a year now and I am homeless.

  • #2
    You have to file an appliction to go trial. Trial would not be for months and months. There are a number of conferences to go to first, and a judge can add more conferences if they think this will promote an out of court settlement. After the very first case conference you can then make a motion for a court order. This is how you would get them to release their financial information. In theory when you file an application, they must respond with their full financial disclosure, but if they don't, you can get it by filing your motion and then they have 30 days or they are in contempt of court. Filing the application is frankly an excellent way to put pressure on for them to release the information and agree to a settlement if they are stalling and stalling, but the courts will only really support you if you can show you made an effort to settle with them beforehand and were forced to use the courts as a last resort. So hopefully you have a paper trail of your requests.

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    • #3
      I am in the same predicament only I have been separated for over 4 years. We agreed to try and work it out between the two of us but that didn't work; he only sees things his way and therefore we could not settle. We then tried to use a mediator and that didn't work, so I hired a lawyer in April of 2009. We went to court in January for a conference meeting but his lawyer "lost" his file and therefore we accomplished nothing but the judge's recommendation that he start paying child support which he did for only 5 months and then stopped (he actually didn't start until April and gave me a post dated cheque). He was suppposed to provide full financial disclosure which he only did in part. Numerous requests were sent to him. We did questionning in May (where his lawyer questioned me and my lawyer questioned him) and once again he was suppposed to provide full financial disclosure but did not. So we filed a motion to deal with some of the matters including a request for a trial as he is not cooperative and he is dragging his feet also. I was actually suppposed to be in court today but he agreed to sign a court order and provide financial disclosure & child support right away, put a freeze on a business and agreed to go to trial. We are giving him 2 weeks to respond but due to some recent information I am requesting that it be sooner. I feel that this is just another stall tactic and he doesn't want to go to court because he is going to be screwed due to his lack of cooperation, disclosure and failure to provide consistent child support.
      With all that being said, keep track of EVERYTHING; write any conversation down with dates and times and if he leaves any messages keep them. Basically cover your butt. Your lawyer will have documentation for any contact that your lawyer has made.
      Yes, it is very frustrating and stressful but hang in there. Keep the pressure on! I told my lawyer that I am not going to keep going back and forth to court as I cannot afford it and all of the stress is starting to affect my health.

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