Announcement

Collapse
No announcement yet.

Intro and weird situation my appologies for the length

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Peaceout, I am not clear what you are asking.

    In family law, the marital home is shared 50/50 and you owe him 1/2 of the equity in the home, minus the outstanding mortgage. That is, if the home is now worth $300,000 and you have a mortgage of $290,000, then you owe him 1/2 of $10,000 = $5,000 in order to buy him out. Please enter the appropriate numbers.

    If you were not married and this was strictly a civil matter of sharing an investment, then the same idea applies. You each invested in the property and agreed at the time that you would have an equal share. An equal share means an equal share. He owns half of the house, now and in the future, until you buy his share.

    Pay him half of the equity, or stop kidding yourself that you are ethical.

    Comment


    • #17
      Hi Mess,

      Bought house in 2010 for $208,000 I think I could get $215,000 for it now. I had a real estate appraiser evaluate the house in March 2012 for 210,000 and a real estate agent told me to list it at 219 and hope to get 214.

      So you are saying that I should just give him $3,750 and that's that. Can I just get a lawyer to take his name off the deed? Mortgage is in both our names.


      My problem with this is that I have been paying the mortgage and all the bills and upkeep? Would he still get half the equity? I paid a contractor to put in a new bedroom in the basement and I put in new flooring in the family room and new bedroom, and painted 3 of the bedrooms. ( Maybe I can get more than $215,0000 it was appraised after the new bedroom was built)

      Sorry my thought are all over the place and it is showing in my writing.

      I do want to be fair, I have been avoiding this issue because I get a headache thinking about it. My Ex says not to worry he will sign everything over to me when the mortgage is due.

      Comment


      • #18
        Do you really not see that you are taking advantage of your ex? Or just closing your eyes to the fact? He is being as easy as he is, because he believes you will get back together. Either way, its wrong and not something I'd feel very good about if it was me.

        Comment


        • #19
          Originally posted by Peace0ut47 View Post
          Taken, I agree, We went through a lot getting our daughter diagnoses and I appreciate all the help she has gotten form the many professionals we have seen. I guess the term self diagnosed is what is getting you. I should say ex possible has Asperger's and displays a lot of Asperger's tendencies. Or I could just self diagnose him as an brilliant a**hole with poor social skills I think possibly has Asperger's sound nicer.
          Honestly, this is possibly the most offensive thing in my history of contributing to this site I have ever read posted here. Autism and autism spectrum disorders are a recognized disability. To make such a generalization as emphasized above is rude and insulting to those who struggle with the disorder every day.

          There is NO evidence based medicine that people diagnosed with an autism spectrum disorder are "a**holes with poor social skills". I feel sorry for your child whom you allege has been diagnosed with a form of autism if this is the opinion, even if said in an attempt to be "funny", you have of autistic people.

          Personally, I did not find this funny nor do I think professionals whom work with people whom have a diagnosed autism spectrum disorder, have a diagnosis or the parents of these children.

          It is this kind of stereotyping that prevents many people from getting the necessary help needed in managing their disorders. Autism in no way shape or form makes someone an "a**hole" or "brilliant". Nor is this even an element for consideration in the diagnosis of any of the disorders on the spectrum.

          Your leveraging of the common stereotypes in this manner regarding autism is tasteless.

          Stereotypes of autism

          Good Luck!
          Tayken
          Last edited by Tayken; 08-16-2013, 05:53 PM.

          Comment


          • #20
            Originally posted by Tayken View Post
            Honestly, this is possibly the most offensive thing in my history of contributing to this site I have ever read posted here.

            Blah blah blah.....

            Your leveraging of the common stereotypes in this manner regarding autism is tasteless.

            Stereotypes of autism

            Good Luck!
            Tayken
            Really? That is what you got out of her post?

            Because I never thought she was attributing the same characteristics at all.

            I read it as clearly two different things entirely. He has these issues he is struggling with and could be on the spectrum.

            And her opinion, she would say he is a brilliant asshole, with poor social skills.

            How you linked those two separate things up is beyond me but perhaps others on this board will share your observations/opinions.
            Last edited by SadAndTired; 08-16-2013, 06:01 PM.

            Comment


            • #21
              Tayken,
              Don't take it this badly. Autism is terrible, Asperger's is a kind of autism which usually has a blessing component. My daughter was just diagnosed with Asperger's, and I can't see much tragedy in it. Probably I would be diagnosed with it too, and the "brilliant as*hole" is quite a fitting adjective. No, it is not the best thing, but seeing the "average" people around me I'm glad that I'm not like they are.

              Comment


              • #22
                Originally posted by BitHunter View Post
                Tayken,
                Don't take it this badly. Autism is terrible, Asperger's is a kind of autism which usually has a blessing component. My daughter was just diagnosed with Asperger's, and I can't see much tragedy in it. Probably I would be diagnosed with it too, and the "brilliant as*hole" is quite a fitting adjective. No, it is not the best thing, but seeing the "average" people around me I'm glad that I'm not like they are.
                how insulting to the everyday type of person like most on this board. I am of the firm belief that everyone is good at something. It could be science, woodworking or whatever.

                Comment


                • #23
                  Originally posted by standing on the sidelines View Post
                  how insulting to the everyday type of person like most on this board. I am of the firm belief that everyone is good at something. It could be science, woodworking or whatever.
                  People who are truly gifted (without being on the spectrum) often have a difficult time with every day life too. They have such a hard time fitting in and understanding "average". Not saying he is gifted, just saying it is hard for some to see how their views might impact on others.

                  By his own admission, he has trouble with the norms of society, likely he didn't realize how this would sound.

                  Comment


                  • #24
                    Taken, get a grip, you take life very seriously. I truly didn't mean offence or disrespect, just to lighten the atmosphere. A person does not need to be on the 'spectrum' to be an a-hole. My ex is an ex for reason and it has nothing to do with Aspergers.


                    Taken on the world - I don't believe that my ex believes that we will ever get back together, his reasoning for giving me support is so that I will not 'go after him' for support later on when he is making more money. I have told him I won't but he insists, and wants to cover his ass. This is his logical reasoning not mine.

                    I do think it is advantages for me not to settle the house issue now, but I don't see it as being disadvantage to him. And I have tried to look at it from both sides.

                    I believe it would cost us both to break the mortgage and deal with the lawyers to get him off the deed. The numbers I gave to Mess indicate we are talking about $3750 for his share of the equity. It would cost much more than that to break the mortgage and change the deed. Ex has no problem waiting till the mortgage is due.

                    I would like to thank everyone for their input (except Taken, sorry man/woman you were not helpful, just spoiling for a flame war) my ex is ok with things the way they are and I think we have a good working relationship. The kids are doing fine. Maybe I take advantage of the ex and maybe he takes advantage of me. Remember the open access to the kids and doing his laundry at my house, did I mention that I let him have my car when he needs one ( no I didn't steal his car, he doesn't want one and would rent one when he needs to go out of town. I say take mine, it's so expensive to rent one) So I will let life unfold and continue to lurk and learn.

                    Peace0ut 47


                    .

                    Comment


                    • #25
                      Originally posted by Peace0ut47 View Post
                      My problem with this is that I have been paying the mortgage and all the bills and upkeep? Would he still get half the equity? .
                      Your description of your equity makes no sense. You MUST have made a down payment, so if the house was bought for $208k, you started with at least $20,000 equity, the minimum required by CMHCC. After 5 years of paying the mortgage, you have built up more equity in the home. I have no idea what your amortization was, but it is certainly more than $0, probably around $20,000 if you had a 4.9% interest rate and a 25 year amortization.

                      You are looking at around $47,000 equity, including your estimate of increased value. If it is less than that, you are legally responsible for showing why. This is the value as of separation date. This is the amount that goes on your NFP for equalization.

                      For the period since he moved out, there would be a further calculation. You have been living rent free, you owe him half of market rent on such a home in that neighbourhood. From this rent, you deduct half of the mortgage cost, insurance, and taxes.

                      Utilities are being consumed by you, they are not included in the rental of a detached house. General maintainence is debatable; you can't charge for mowing the lawn or mopping the floors. Basic physical repairs shouldn't total more than a few dollars a month. Major capital repairs should be detailed and receipts provided.

                      Your description of adding a bedroom etc. is unclear; did this happen after the separation? You are still going by the appraised value on separation date. It is very rare that a renovation adds the exact amount to a home's appraised value; renovations rarely pay back what they cost. This was an investment by you for your benefit, but it will not affect the equalization payment in most instances.

                      Look, basically your numbers are very vague, but on the surface you owe him $23,500, or else you need to provide a proper accountng of why not.

                      Comment

                      Our Divorce Forums
                      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                      Working...
                      X