Moving away from the neighbourhood

[singledad99]

Hello,

I would appreciate if you could share your experiences or knowledge with me on this because I am feeling like I am stuck between rock and the hard place.

We have been living in the matrimonial home since 2001. I have the custody of my 8 years old son. He goes in the neighbourhood public school. My wife left the home last summer and went to Markham. Recently, she has moved to her friend's house in my street and has been renting a bedroom there.

I offered her a buyout of her share but she is claiming that the house is worth more than $100K that the appraisal I have obtained. Its impossible that the house is worth that much but I think the purpose is force me to sell the house. The result of sale will be me leaving the neighbourhood, not to mention our son will be devastated with that move. I think she wants then to go back to court and say that she should have the custody. Its seems to be a very carefully knitted plan and is being implemented very patiently.

What if I put the house on rent right now and move to another neighborhood where our son has some friends and he likes it there whenever we visit them? The existing court order does not prevent me from moving within GTA. I just wanna be careful because moving in anticipation of sale will definitely disrupt that status quo that I have been banking on to repel her motion to vary custody order.

Thank you in advance for your help.

[wmike]

Singledad99.

In my case, back a little over a year ago....I had a Real estate agent
give me a ball park figure, of course, I had a very good idea myself.
i.e. house prices in the same area etc.

Take that value minus any immediate repairs minus Agent selling fees minus accumluated debt divide the result by two and that's about it. Nothing magical.! My kids are much older and I knew that they would stay with the house...the house was certainly something I was not about to give up.!

Pension, child support or spousal support are other matters.

If your ex puts more pressure on you then suggest that she pay for an
appraisal..this could cost upwards of $300.00. For me the real estate agent knows the going "street" value so why waste $300.00

[wmike]

Singledad99.

Just another thought....since the child is in your care and the matramonial home is the environment that best suits him for the time being, could you not
make claim to "exclusive possession".

That would certainly hang thinks up for awhile and tie up your ex's expected
dollars.! She or her Lawyer may think differently and see you part way on matters.!

Do some research on "exclusive possession".

wmike

[FL_Needs_To_Change]

I would wait and see. Offer her the option of getting an independent appraisal.
If she takes the issue to court, which I think she may not as this seems to feel like she’s just trying to scare you to sell prematurely so she can get some extra money so she can upgrade her living standard.

I do not think a judge would force the sale of a home where the child resides; this would only cause emotional stress to the child disrupt his schedule and comfort zone. I’d play it by ear. Even if you wanted to have the home as rental income and decided to move, I think that as long as it was not a significant move that would interfere any way with any access, then I think a court would allow it without it infringing on any status quo that has been established. There was obviously a reason you have custody and that reason doesn’t change just because you chose to upgrade to a better location for the child’s sake. It would in fact be seen as you being a responsible parent, providing the best you can for your son, as well as taking all opportunities to increase his living standards.

[dadtotheend]

My wife's lawyer kept on threatening the sale of the house, but a lot of the time it's a big bluffing game. Didn't happen. They will try and scare you into submission. Let them bring their threats and even their motions.

If your child has lived in the home for a long time and you have custody, she has a large burden.