Long story short.
I first received a letter from my stbx lawyer demanding that I give my spouse $10,000 or she will file a motion for sale of the house.
I don't give her the money, and I receive the notice of motion as threatened.
The situation is that since she moved out I have been living with our two children in the house since she left. Ten months.
She has been underpaying child support since September 2012. She has also failed to pay section seven expenses. (These are significant in our case)
She claims that her financial situation is dire despite not meeting these obligations. That is only possible because of legal bills which are the result of some very aggressive legal tactics and constant letters she has her lawyer write making demands.
Anyhow, we have had two case conferences that have been ineffective. And have a settlement conference set for March. We are also waiting for the completion of an OCL investigation/report. I have defacto custody; there is no formal custody arrangement in place.
We are both seeking an unequal division of property- she wants to include a family cottage as a marital asset and disallow certain debts and I of course disagree.
My position is that I would like buy the home; however, it depends upon how the equalization calculations work out. They vary from me owing her $100,000 to her owing me over $200,000. How this works out will determine my ability to buy her out or not.
We haven't resolved any of these financial issues yet, so I believe it is premature to force sale of the house. I also believe that it would be incredibly disruptive to the children (daughter 16, son 13). I further believe that this isn't an urgent matter. I also would think that until custody and the OCL report are completed that any motion regarding the house is premature.
What are the odds of her being successful ? What issues do you see?
What are the costs likely to be for this type of motion?
Any comments would be appreciated.
I first received a letter from my stbx lawyer demanding that I give my spouse $10,000 or she will file a motion for sale of the house.
I don't give her the money, and I receive the notice of motion as threatened.
The situation is that since she moved out I have been living with our two children in the house since she left. Ten months.
She has been underpaying child support since September 2012. She has also failed to pay section seven expenses. (These are significant in our case)
She claims that her financial situation is dire despite not meeting these obligations. That is only possible because of legal bills which are the result of some very aggressive legal tactics and constant letters she has her lawyer write making demands.
Anyhow, we have had two case conferences that have been ineffective. And have a settlement conference set for March. We are also waiting for the completion of an OCL investigation/report. I have defacto custody; there is no formal custody arrangement in place.
We are both seeking an unequal division of property- she wants to include a family cottage as a marital asset and disallow certain debts and I of course disagree.
My position is that I would like buy the home; however, it depends upon how the equalization calculations work out. They vary from me owing her $100,000 to her owing me over $200,000. How this works out will determine my ability to buy her out or not.
We haven't resolved any of these financial issues yet, so I believe it is premature to force sale of the house. I also believe that it would be incredibly disruptive to the children (daughter 16, son 13). I further believe that this isn't an urgent matter. I also would think that until custody and the OCL report are completed that any motion regarding the house is premature.
What are the odds of her being successful ? What issues do you see?
What are the costs likely to be for this type of motion?
Any comments would be appreciated.
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