Good morning everyone,
My ex and I have been split for a year and a half now. It's been an incredibly difficult process to say the least. Currently there is an Emergency Protective Order against him because after we separated, I refused to allow him into the home (because he was very angry and I was very scared) so he broke in! For the last year, he has refused to sign any agreements, settlement offers or provide any information to my lawyer.
After the EPO was put in place, I rented out our Matrimonial home due to 1) not being able to afford it on my own and 2) fear that he would come back and harass me considering he knew where I was living (after all...an EPO is just a piece of paper that is very easy to "walk through").
My renters agreement is up May 1st and the EPO expires mid-April. We did do mediation at one point and he stated that he wished to move back into the home after the renters contract was up. I agreed, because I have no wish to live there.
That was in October and there has been no movement from his council.
I am caught between a rock and a hard place because:
- I don't want to live in the home, yet I worry that if he resides in the home, the mortgage payments won't get paid (I feel this way because of the lack of response and responsibility I have seen him put forth throughout this divorce process). I don't want to be stuck in a situation where he is living in the home, not making mortgage payments and I am on the hook for both my rent and the mortgage on my home. We also divorce because of some addiction issues as well as he is chronically between jobs and he is also asking me for Spousal Support. These are all factors indicating to me that allowing him to reside in the house might be a poor financial decision.
- I was planning on applying for an Exclusive Property Possession Order, however I am unable to live in the house due to being unable to break my current lease on the condo I'm renting. I also don't want to live there because my ex will then know where I am living and I don't feel comfortable with that. In a perfect situation, I would continue to rent out the house as the mortgage payments on the house are being met until a Settlement can be reached. However, with a Property Possession Order, am I able to rent out the home to a third party?
Can anyone help me out with some thoughts/ideas. I'm very stressed out about this!
My ex and I have been split for a year and a half now. It's been an incredibly difficult process to say the least. Currently there is an Emergency Protective Order against him because after we separated, I refused to allow him into the home (because he was very angry and I was very scared) so he broke in! For the last year, he has refused to sign any agreements, settlement offers or provide any information to my lawyer.
After the EPO was put in place, I rented out our Matrimonial home due to 1) not being able to afford it on my own and 2) fear that he would come back and harass me considering he knew where I was living (after all...an EPO is just a piece of paper that is very easy to "walk through").
My renters agreement is up May 1st and the EPO expires mid-April. We did do mediation at one point and he stated that he wished to move back into the home after the renters contract was up. I agreed, because I have no wish to live there.
That was in October and there has been no movement from his council.
I am caught between a rock and a hard place because:
- I don't want to live in the home, yet I worry that if he resides in the home, the mortgage payments won't get paid (I feel this way because of the lack of response and responsibility I have seen him put forth throughout this divorce process). I don't want to be stuck in a situation where he is living in the home, not making mortgage payments and I am on the hook for both my rent and the mortgage on my home. We also divorce because of some addiction issues as well as he is chronically between jobs and he is also asking me for Spousal Support. These are all factors indicating to me that allowing him to reside in the house might be a poor financial decision.
- I was planning on applying for an Exclusive Property Possession Order, however I am unable to live in the house due to being unable to break my current lease on the condo I'm renting. I also don't want to live there because my ex will then know where I am living and I don't feel comfortable with that. In a perfect situation, I would continue to rent out the house as the mortgage payments on the house are being met until a Settlement can be reached. However, with a Property Possession Order, am I able to rent out the home to a third party?
Can anyone help me out with some thoughts/ideas. I'm very stressed out about this!
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