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  • case law

    thanks for viewing

    So the scenario that I have is the STBX went out and bought an expensive house without really checking to see if she could afford it.

    The details are:

    Proceeds of house 196k each.
    Equalization 110 K my way.
    After date of separation she depleted all funds faster than could be stopped and owes mastercard 12k and me 11 K as she depleted my funds as well.
    I will be paying CS and SS

    She is doing an emergency court action stating she bought a house unconditionally and needs 150k. Her lawyer also made a large math error and put in a 400K student loan on her side which makes it appear I owe 77k on eq. The student loan is fake. She also states I encouraged her to buy a house when in fact I have multiple text messages in January stating I was against buying a house. It's silly and more lies.

    Her lawyer is a go to court and ask questions later. But this is embarassing.

    I guess what it boils down to is she will be left with about 50-60K from proceeds to buy a 500k house. She is screwed as it was an accepted unconditional offer. She bought the house without seeing what she could afford and is now stating I told her to buy the house and she needs money.

    Has anyone seen cases like this and the outcome?
    Negotiations would have been possible with a simple phone call but at this point I know have to write a response and my lawyer has been working on this all day now.

  • #2
    I am not certain on how house purchasing works in your province. I think your ex very well may lose her deposit. (Time conditions in place?) That is, of course, assuming she put up a standard non-refundable, good faith, deposit? As a seller I would never consider an offer without one and it would have to a be a substantial deposit as well.

    Let your ex run up her billable hours with her lawyer. Just make sure your lawyer requests costs when you do eventually go to court (possibly a few years down the road as you are not yet at the case conference stage which I believe takes a few years in Ontario no?).

    If you have documentation for everything then you probably don't have much to worry about. Just make sure your response is concise (not lengthy) and references excellent data/evidence.

    Now focus on fun things in life with your children - Spring break trips? The good summer camps fill up early BTW.


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