Won't get into too much background but facts are essentially this:
1. After 14 months still living in the house together
2. She sent a lawyer letter proposing settlement and sale of the home, relevant highlights included:
- she wants $142K from the sale of the home to pay off a home equity line of credit against a rental property we own in her name. She is claiming that it is a debt of the matrimonial home because the withdrawals from this line of credit were made to pay down our principle residence. Which is true over the last 4 years I took money from there, but also money from my bonuses, my investment accounts, my sale of a rental property, all payments came from my bank account. She provided copies of cheques from the line of credit being paid to me with memo saying for home mortgage as proof the rental line of credit is a debt of the matrimonial home. I have documentation showing the line of credit is secured against the rental condo and all mortgage payments come from my bank account.
3. I sent a very short letter with my offer to sell the house with a week deadline to respond otherwise I go to motion.
My questions are:
1. How best to refute her claim (which she will also claim at motion) that the rental condo line of credit should be paid from the proceeds of the sale of the matrimonial home?
2. My offer to settle was a letter from my lawyer and a time to respond by - does this constitute a formal offer to settle that I can use to claim costs at motion?
As always, opinions are appreciated.
1. After 14 months still living in the house together
2. She sent a lawyer letter proposing settlement and sale of the home, relevant highlights included:
- she wants $142K from the sale of the home to pay off a home equity line of credit against a rental property we own in her name. She is claiming that it is a debt of the matrimonial home because the withdrawals from this line of credit were made to pay down our principle residence. Which is true over the last 4 years I took money from there, but also money from my bonuses, my investment accounts, my sale of a rental property, all payments came from my bank account. She provided copies of cheques from the line of credit being paid to me with memo saying for home mortgage as proof the rental line of credit is a debt of the matrimonial home. I have documentation showing the line of credit is secured against the rental condo and all mortgage payments come from my bank account.
3. I sent a very short letter with my offer to sell the house with a week deadline to respond otherwise I go to motion.
My questions are:
1. How best to refute her claim (which she will also claim at motion) that the rental condo line of credit should be paid from the proceeds of the sale of the matrimonial home?
2. My offer to settle was a letter from my lawyer and a time to respond by - does this constitute a formal offer to settle that I can use to claim costs at motion?
As always, opinions are appreciated.
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