Just want to thank all who contribute here; it is an amazing resource. While unfortunate, it will really provides insight and direction. Thanks in advance for any help
Background: Common law 5 years, married 8. Separated since Apr 01/15.
House purchased Jun 2010 365K
Estimated Value on Separation 370K (270k mortgage)
Estimated Value Current 400k
Payments made to her (Approx 45k)
My ex and I split on pretty good amicable terms. It was hard, like all these matters but we endured. It was actually more initiated by her, but believe it became quite apparent I was more stable and rationale one at the time. I suggested we move back to Vancouver, as I was much more employable there, and we had a small business there. Our son hadn't started school, we owned a condo, etc. She was steadfast against this, and while I think her reaction was more to maintain control, I felt we could make a go where we were. I wanted to keep the house for us and stability for our son who was starting k5 at a school 3 blocks away 5 months later. He was okay, but I think the hidden tension prior to our break affected him (we took him and still do to counselling for anxiety, and being a little down/morose). I offered to vacate the house for her to reside in: at that time, and several other occasions over past 18 months but it never materialized. A couple of times she said she would but never really went far with the notion.
So now when I reminded her I am near what was discussed in terms of buying her out (40K (50 k less her share of mortgage penalty, realtor)(through text, verbal, emails) she has basically acted like I haven't paid her a dime and is now insisting we sell for 400k/260k mortgage and split even.
She moved out and rented a 1bdrm for 850 while I paid all expenses and mortgage related to house house (approx 1650 a month (mortgage, insurance, property tax, sewer). I didn't include expenses like heat, gas etc.
there is a small suite that rents for 600 in the house. I netted 238(based on tax filing) a month from it in 2015. It would probably be 400$ but we had major plumbing issue in suite which lowered net income.
I am not sure if she is or was eligible for any of that?
in terms of income, I made very little in 2015, about 15k. She made about 38k. I probably had my son 67-70% of the time. She did not pay me anything, nor did I want her too as she was struggling more to handle her finances. I asked her a few times to delay payment, or to borrow but she just obviously wasn't in a position. But now saying all that, based on the income disparity, would I be eligible for some support from her? (generic calculator says 6-8k) Could I apply towards buying her out? I believe I have read that could affect a claim she could make for occupational rent??
It was hard to hear this. I worked hard to better myself, live frugally over past 18 months to move on and buy her out. When she informed me of this it was hard, but I battle on and am trying to work with her. I have pleaded with her over this whole period to see a counsellor together, and also a mediator. She just steadfasts maintains she wants to sell right away and does not want to negotiate. Sorry if long winded. here are my questions:
She is indicating she has retained a lawyer and is going to apply to have me vacate the house and request it be put up for sale? How long would it take to serve me with this and what is process like/about. I want to ideally keep house, so what will I need to do/prepare for this? I don't think I can really afford lawyer.
How long does this process take? How much? Will I have to pay for any? I only ask these questions to maybe direct her to point of cost a lawyer will be/negate out of process?
Is there any way to veer/force her to mediation
am I out to lunch? (a little levity never hurts!)
Is she eligible for the bump in possible value of the house? (370 to now 400k)
Another variable her lawyer mentioned now is that she owned a condo before we got together. She paid 125k and we sold for 183K I lived in for 11 months before sale and it appreciated 25% during my tenure. Which would suggest it was worth 147K when I moved in. Does my time there account for anything? The closing costs were about 7k, she repaid her dad 7k for the down payment he provided on her condo, and paid her own debt of 5k. So at end of day proceeds were about 40k which we used to buy a house together. Ideas on how much of this is hers?
, my parents provided me 10k to buy our house together (after we sold condo for 183K) would she be eligible for that?
Thanks
Background: Common law 5 years, married 8. Separated since Apr 01/15.
House purchased Jun 2010 365K
Estimated Value on Separation 370K (270k mortgage)
Estimated Value Current 400k
Payments made to her (Approx 45k)
My ex and I split on pretty good amicable terms. It was hard, like all these matters but we endured. It was actually more initiated by her, but believe it became quite apparent I was more stable and rationale one at the time. I suggested we move back to Vancouver, as I was much more employable there, and we had a small business there. Our son hadn't started school, we owned a condo, etc. She was steadfast against this, and while I think her reaction was more to maintain control, I felt we could make a go where we were. I wanted to keep the house for us and stability for our son who was starting k5 at a school 3 blocks away 5 months later. He was okay, but I think the hidden tension prior to our break affected him (we took him and still do to counselling for anxiety, and being a little down/morose). I offered to vacate the house for her to reside in: at that time, and several other occasions over past 18 months but it never materialized. A couple of times she said she would but never really went far with the notion.
So now when I reminded her I am near what was discussed in terms of buying her out (40K (50 k less her share of mortgage penalty, realtor)(through text, verbal, emails) she has basically acted like I haven't paid her a dime and is now insisting we sell for 400k/260k mortgage and split even.
She moved out and rented a 1bdrm for 850 while I paid all expenses and mortgage related to house house (approx 1650 a month (mortgage, insurance, property tax, sewer). I didn't include expenses like heat, gas etc.
there is a small suite that rents for 600 in the house. I netted 238(based on tax filing) a month from it in 2015. It would probably be 400$ but we had major plumbing issue in suite which lowered net income.
I am not sure if she is or was eligible for any of that?
in terms of income, I made very little in 2015, about 15k. She made about 38k. I probably had my son 67-70% of the time. She did not pay me anything, nor did I want her too as she was struggling more to handle her finances. I asked her a few times to delay payment, or to borrow but she just obviously wasn't in a position. But now saying all that, based on the income disparity, would I be eligible for some support from her? (generic calculator says 6-8k) Could I apply towards buying her out? I believe I have read that could affect a claim she could make for occupational rent??
It was hard to hear this. I worked hard to better myself, live frugally over past 18 months to move on and buy her out. When she informed me of this it was hard, but I battle on and am trying to work with her. I have pleaded with her over this whole period to see a counsellor together, and also a mediator. She just steadfasts maintains she wants to sell right away and does not want to negotiate. Sorry if long winded. here are my questions:
She is indicating she has retained a lawyer and is going to apply to have me vacate the house and request it be put up for sale? How long would it take to serve me with this and what is process like/about. I want to ideally keep house, so what will I need to do/prepare for this? I don't think I can really afford lawyer.
How long does this process take? How much? Will I have to pay for any? I only ask these questions to maybe direct her to point of cost a lawyer will be/negate out of process?
Is there any way to veer/force her to mediation
am I out to lunch? (a little levity never hurts!)
Is she eligible for the bump in possible value of the house? (370 to now 400k)
Another variable her lawyer mentioned now is that she owned a condo before we got together. She paid 125k and we sold for 183K I lived in for 11 months before sale and it appreciated 25% during my tenure. Which would suggest it was worth 147K when I moved in. Does my time there account for anything? The closing costs were about 7k, she repaid her dad 7k for the down payment he provided on her condo, and paid her own debt of 5k. So at end of day proceeds were about 40k which we used to buy a house together. Ideas on how much of this is hers?
, my parents provided me 10k to buy our house together (after we sold condo for 183K) would she be eligible for that?
Thanks
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