Your thoughts

[pgilber]

I was forced to go to court as my ex would not respond to anything from my lawyer. She had 60 days to reply as she was out of the country at the time (vacationing in Mexico). she finally replied literally at the last minute of the last day.
We have been separated for 14 months now. She is in the house, I am at my parents. We have a no contact order. All my possessions are still in the house. I've had 2 visits to pick up some things but it is not enough time to get a lifetime of belongings.
She has been renting out the house since day 1.
I am asking that the house be sold our she takes it over. She responds to nothing. Also asking for division of contents and a divorce. There are no kids.

She has no lawyer and has been filling out forms herself. She is simply stalling because she is making 3K a month renting the house and doesn't want the cash cow to end.. Her response asks that she can stay in the house for 2 more years! she also claims that she only works 6 hours a week, however her expenses exceed $3000 a month. I make 50 k a month at my job.

can someone tell me what to do here? She is crazy without a doubt. My lawyer is getting a date for a case conference. I have no idea how long this is going to drag out for but it's been 14 months already. Her financial information doesn't make sense either.. her expenses exceed her income.

I'm so frustrated dealing with an insane person. There are only 3 things on the table, the house, the contents and divorce. As I said no kids. We were married 4.5 years before this happened.

Any feedback would be welcome. Thanks

[pgilber]

Basically Im wondering if a judge would grant her to stay in the house for 2 more years.. is that even possible? What about me? That would mean I am trapped on paper to that house. Am I not entitled to half the equity in it? I should add I paid all house expenses for the first 9 months of separation but stopped when it was clear that she was not going to settle, and was renting it out on top of me paying for everything

[Mess]

You are freaking out because she is asking for something unfair and you think she will get it.

Step back, take a deep breath and calm down.

The judge will start from a neutral position. She will have to make logical arguments to support what she wants, she can't just demand it and fold her arms. You will make logical arguments for what you want. You both have to justify your positions.

You need to point out her budget, show (not just claim) that she has at least 3k income each month and that she is not declaring rental income.

You have to decide what works in your favour. Sell the house and she loses the income and would you be responsible for spousal support? Would that be better for you?

She should be buying you out, but would she qualify for a mortgage?

If you agree to put off the equalization of the home for 2 years so she can use the time to get on her feet, would that hurt you in any way? Ask yourself seriously why you are making this stand.

[pgilber]

The issue I have with waiting 2 years is that I would then be unable to purchase another home until this was settled. And I can guarantee that 2 years will turn into 3 and 4 etc..

[pgilber]

I should add to that all my belongings are in the house still and are being used by the "renters" All our furniture, appliances etc are also being used by these people. My birth certificate, SIN card, passport, personal computer and school records are missing from the house. This is why I want to put a stop to this craziness. She is not taking any care of my belongings nor is she taking care of the property. Im not even sure if she is residing there at the moment either.

[NBDad]

Put a list together of items you want, and ask for a time to go pick it up.
Rent a damn UHaul and go get your crap. Order new SIN/Birth Certificates/Passports. Figure out an approx. value of the personal computer.

For everything you have to spend to replace, document the value of it. This is a negative against YOUR side of the balance sheet that is equalization.

While you are there, you need to video/take pictures of the home/contents for equalization purposes and to insure it's being kept up.

How long is the no contact order? How did she get you to leave? Have you filed for exclusive possession of the marital home?

Who is currently paying the mortgage/household bills?

[blinkandimgone]

If she's not living there, there is no reason why you shouldn't be. You can move right back in since you own the property as well. You are well within your rights to evict the tenants if you want to live in the house yourself. Find out from the landlord tenant act what the rules are for eviction but it should be 30 - 60 days.

[pgilber]

She is still in the house. In Oct 2010 after an argument she went to the police and claimed I assaulted her. She ended up getting us both arrested and charged. Her story was so insane that she claimed she struck me and I struck her back. Her charges were not dropped because she admitted to hitting me. The sad part is non of it ever happened. I received a full dismissal but a peace bond was put in place. They allowed her to stay in the house. Ever since then its been a nightmare. The no contact order expires in March 2012. I will never be around this woman alone ever again, and if I ever enter the house I will bring a video camera with me to record the whole event along with plenty of witnesses. In retrospect it would seem the whole incident was planned so that she could do exactly what she is doing now. I started the separation process with my family lawyer immediately after so this has been going on for 14 months now.

I paid full house expenses from Oct 2010 until Aug 2011 I stopped once I realized that she had no intention of settling anything and renting the house all the while. I couldn't go back until March 2012 so I did not see the point in me carrying the house and allowing her to profit more. Plus I have no intention of ever moving back into that house.

This really is a miserable story.. woman claims abuse, man gets kicked out of home even though he is innocent and in the process losses everything while she is left to do what ever she wants while I can only watch.