Announcement

Collapse
No announcement yet.

contest a divorced

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

  • contest a divorced

    I have no issues with the divorced which I rally want but my issue is that my ex and I never settle on the matrimonial home and contents . I know there a rule about a 5 year term to settle a matrimonial home , but how do I object this until I see the home and content equally divided . We separated on May 2011 any help will help/ I can't afford a lawyer and I have 3 of the children living with me while she has one . I'm not asking for support but I know I can request but I dont want a heated battle , I just want everything divided equally . What forms will I request and suggestions please and Thank You ?

  • #2
    If neither of you can afford a lawyer, perhaps you could hire the services of a mediator - hopefully you could come to an agreement about what to do with the family home. Best thing to do is to sell it as fast as possible and split the proceeds 50/50. Even a notary could put this document together for you.

    Who is living in the house presently?

    Comment


    • #3
      When we decided to part ways my ex stayed in the house with the boys and I walked out with just my clothing and pictures from the kids , rented a apartment and my oldest and middle son moved in less then a month . We came to agreement that once the twins graduate grade 8 , the house goes up for sale which it never did, She does have a lawyer and I was served divorce papers. I don't want to contest the divorce but the home .I personally cant afford a lawyer . I do work but no way to pay a lawyer and my parents cant help me either , I have three of the children living with me .

      Comment


      • #4
        You will want to sell the house asap, before one of you loses a job or goes on medical leave and can not afford it, and before maintenance falls way behind etc...I would get an order and or something in writing about an agreement on selling the house immediately, its a huge factor, beneficial or detrimental if lots is still oweing and it is slowly needing more and more maintenance, not to mention some areas are difficult to sell in now. An agreement you two can come to together without the long expensive process would be best, have it notarized and do it immediately. Its a huge factor in moving forward in my opinion.

        Comment


        • #5
          The issue is she is working and making more and she doesn't want to sell , one attempt was done and she made excuses when realtor's had a showing , I want a peacefully solution and just buy me out or sell. The house is in good state and everything is been looked after , I just want my share and her paying out what ever is contents of the house is worth if its 50/50 since i had to start from new . Im I being to greedy ?

          Comment


          • #6
            Originally posted by sixfeetunder View Post
            The issue is she is working and making more and she doesn't want to sell , one attempt was done and she made excuses when realtor's had a showing , I want a peacefully solution and just buy me out or sell. The house is in good state and everything is been looked after , I just want my share and her paying out what ever is contents of the house is worth if its 50/50 since i had to start from new . Im I being to greedy ?
            I would put a motion in to sell the home now, trust me, it could be years later before it sells even with a motion to sell starting now. Its a start to something whether its negotiations or sale of the home, but I sure wish I did it 2 years ago.....

            Comment


            • #7
              No, you're not being greedy at all, you have every right to your 50% share of the home. undersc0re is correct, it may take years for the house to sell in this slow market not to mention that your Ex is building status quo so you have to get the ball rolling.

              I would head out to the court house, and get clear advice on how to file a motion to have the matrimonial home put on the market. If your Ex wants to keep the home, she'll have to buy out your share with other assets - that's the law. Would be a good idea to have the property evaluated also.

              Comment


              • #8
                Originally posted by sixfeetunder View Post
                When we decided to part ways my ex stayed in the house with the boys and I walked out with just my clothing and pictures from the kids , rented a apartment and my oldest and middle son moved in less then a month . We came to agreement that once the twins graduate grade 8 , the house goes up for sale which it never did, She does have a lawyer and I was served divorce papers. I don't want to contest the divorce but the home .I personally cant afford a lawyer . I do work but no way to pay a lawyer and my parents cant help me either , I have three of the children living with me .
                When, specifically, where you served papers?

                Also, when, specifically, did you move out of the matrimonial home?

                I am assuming the matrimonial home is in both your name and hers, is that correct?

                Comment


                • #9
                  The papers where served yesterday and we where married 14yrs and we agree to part ways mutually . No that's the issue I have , she worked at a bank and got amazing deal and we decided to do it under her name , but I paid the mortgage for 12 yrs . We have been separated since 2011 May 20th . We have a written agreement that when the twins graduate we will sell the house which happen last year in June . I know she is engaged and I want to protect myself and i think i'm entitle to have content worth too . I have the 3 boys living with me and she has one , i want to be treated fair

                  Comment


                  • #10
                    Going after house contents 4 years later would seem to be time-wasting. Things wouldn't be worth much today (unless you own antiques/collectibles). You can waste a lot of time haggling over who gets the cutlery or the old sofa and out-of-date electronics. Perhaps have her agree to pay legal costs associated with selling house in lieu of you receiving 50% of contents?

                    Comment


                    • #11
                      I have no issues with the divorced which I rally want but my issue is that my ex and I never settle on the matrimonial home and contents .
                      If there is value remaining to be divided, and your ex has filed an Application for Divorce (simple or otherwise), you would then need to file an Answer.

                      Before doing so, it may be prudent to have a consultation with a lawyer to see what the value of your claim may be. If the home was underwater, or the only issue is the contents, it may not be worth your time to pursue the claim.

                      Comment


                      • #12
                        I was told it goes by the value what it was worth day we separated and I think it's only fair that I paid for 12yrs mortgage and x 2 the payments and walk away, while she gets everything and I get nothing.? I don't want the old contents just what it was worth? I'm I wrong? I had to start from new!

                        Comment


                        • #13
                          Originally posted by sixfeetunder View Post
                          I was told it goes by the value what it was worth day we separated and I think it's only fair that I paid for 12yrs mortgage and x 2 the payments and walk away, while she gets everything and I get nothing.? I don't want the old contents just what it was worth? I'm I wrong? I had to start from new!
                          Thank you for answering my question.

                          You have a written agreement that the house should be sold, and it hasn't been. I would strongly suggest you file a Form 10: Answer, and attach the written agreement. In the answer, refer to the written agreement as a domestic contract.

                          Your entitlement to a percentage of the house would likely exceed what a lawyer would cost you. As such, I recommend you retain a lawyer, but if you choose not to, then in your Answer be sure to state that you want 50% of the equity in the house, and that you want it sold in accordance with the domestic contract.

                          You only have 30 days from the date you were served to file an Answer with the Court, and they will also likely make you file a Form 13 Financial Statement at the same time. I suggest you get moving on this right away!

                          Comment


                          • #14
                            Thank you too all , I took the advice and meet with a FLIC lawyer and she said to try finding a lawyer who will take a payment or Legal Aide , but she to do the Form 10 : Answer asap . She mention to do it and try to retain lawyer . How would I word that she claims the kids reside with both parents when the kids live with me full time and one of the kids haven't even visited her since February so its lie any help will do please

                            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