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  • Stalling out Asset settlement

    Hello,

    We are looking for any advice on how to move forward here this is looking like it is going to shape up to be a saga. Short version: my partner has been attempting to negotiate a settlement agreement with his ex since the first of the year. Every time he offers something she decides she doesn't want it. Example, she wanted everything split, sold and divided, he had an offer drawn up with just that, she then changed her mind and wanted to buy out the house, that was offered and she changed her mind again...etc.

    His ex has been very verbally abusive towards him and the kids (teenagers) for a number of years; due to an incident with her over the summer, the youngest now lives with us of his own choice. She filed an emergency motion with the court alleging abuse, that the child was taken against his will after threatening all summer that the ex was "going to get it" and that she was going to call the police and claim that she was in danger. The courts, being the courts, of course granted her exclusive posession of the house, although the child still remains with us.

    So now that she has my partner out of the house, she's now not responding. Her lawyer was sent an offer to settle the first of October. We, nor our lawyer, have heard anything since. Deadlines have come and gone with excuse after excuse as to why they were missed. Is there anything we can do to "drop a brick" on her head? My partner and I would like to be able to move forward but are really tied down with things as they are. My partner is concerned that she will also cause damage to the home, deliberate or otherwise that will devalue it causing a lower resale value (she cannot afford to purchase the house on her own). Is he liable for any damage she might cause?

  • #2
    About the only thing you can is to push the matter forward in the courts. If she continues to stall, don't settle for case conferences, schedule settlement conferences. If she continues to stall at settlement conference, schedule a trial managment conference. If she stalls again, implore the judge to put you on the trial listings.

    The ONLY way to deal with someone who refuses to settle is to push, push, push toward trial. It won't get there because she will eventually cave when she realizes that you are serious about ending the nonsense. Some people love the drama, especially when they are holding the hammer (in this case, exclusive possession of a house that hasn't been settled).

    Every court appearance that doesn't push the matter forward is a waste of time and money.

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