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  • #31
    Originally posted by UnderPressure View Post
    In this overheated market I’m happy as a clam to be selling the matrimonial home and renting.
    I don't want to have to rent. I don't want to be paying off someone's mortgage. If I am going to have to fight my ex I'll rather be sitting in my house as a form of leverage.

    I got a third opinion from another lawyer and was advised that since I contributed to the down payment of the home I have a strong trust claim to share in the increased value since separation even if my name isn't on title. I put in about 10% of the down payment.

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    • #32
      Originally posted by trueblue22 View Post
      I don't want to have to rent. I don't want to be paying off someone's mortgage. If I am going to have to fight my ex I'll rather be sitting in my house as a form of leverage.

      I got a third opinion from another lawyer and was advised that since I contributed to the down payment of the home I have a strong trust claim to share in the increased value since separation even if my name isn't on title. I put in about 10% of the down payment.
      If your ex has as much money as you say... his PI has already figured out it is you posting this message and they are basically going to crush you. Trust me... 90% of the high income earners now pay for a proper deep internet search to find gems like this. OttawaDivorce is well known to the high-end family law industry. Trust me... others have been located on this site. AI engines can find lots of cool stuff... I know...

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      • #33
        Originally posted by Tayken View Post
        If your ex has as much money as you say... his PI has already figured out it is you posting this message and they are basically going to crush you. Trust me... 90% of the high income earners now pay for a proper deep internet search to find gems like this. OttawaDivorce is well known to the high-end family law industry. Trust me... others have been located on this site. AI engines can find lots of cool stuff... I know...
        I don't think he'll spend the time and money to look up on divorce forums if I'm posting anything on here.

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        • #34
          Originally posted by trueblue22 View Post
          I don't think he'll spend the time and money to look up on divorce forums if I'm posting anything on here.

          I know two posters on here where their ex found them and used the posts in court filings. And they arent private investigator people. I hadnt thought of that Tayken and now it brings this case to a whole new level.


          Sent from my iPhone using Tapatalk

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          • #35
            If your third lawyer said u have a claim
            On the increased value since the date of separation I would be surprised. If his name is only on title You would only be entitled to the amount as of the date of separation and not in the increase. Now if ur lawyer says u have Contributed to the down payment, you will need records of this. If it is only 10% I would argue ur Entitlement to only 10% of the increase in value.

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            • #36
              Originally posted by OB1 View Post
              If your third lawyer said u have a claim
              On the increased value since the date of separation I would be surprised. If his name is only on title You would only be entitled to the amount as of the date of separation and not in the increase. Now if ur lawyer says u have Contributed to the down payment, you will need records of this. If it is only 10% I would argue ur Entitlement to only 10% of the increase in value.
              The house was originally in both our names but since we had help with the down payment from his parents they have a lien on the property. I put in about 25% of the down payment. I transfered the title of the house to him when my ex business partner counter sued me so that I wouldn't have any assets he could claim against.

              I tried to get him to agree I have a resulting trust claim on the house but his lawyer said no. My lawyer isn't sure how strong my trust claim will be.

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              • #37
                Originally posted by rockscan View Post
                I know two posters on here where their ex found them and used the posts in court filings. And they aren�t private investigator people. I hadn�t thought of that Tayken and now it brings this case to a whole new level.
                Hard to prove that an anonymous username is tied to a specific person. I would just flat out deny it, and laugh at the my ex if she tried to claim that I was Janus.

                Even if she knew I was, that's not even close to the same thing as proving it.

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                • #38
                  Originally posted by Janus View Post
                  Hard to prove that an anonymous username is tied to a specific person. I would just flat out deny it, and laugh at the my ex if she tried to claim that I was Janus.

                  Even if she knew I was, that's not even close to the same thing as proving it.
                  Most don't use it in court. Unless well, you admit to being the person in the posted case law as one case happened here. (Do you remember that one. The one with the case law where the parent egged the other parent.) That one ended up in court because well, the poster admitted to the fact that they were the poster. But that is rare.

                  Usually, the information is more valuable than evidence. Many people give up their "theory of the case". Its like laying out your whole legal strategy no-holds-barred for the other party to read in full. Its deadly knowledge in the hands of a great barrister. Watched it first hand a few times now.

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                  • #39
                    Originally posted by Tayken View Post
                    (Do you remember that one. The one with the case law where the parent egged the other parent.)
                    I do remember that one

                    Usually, the information is more valuable than evidence.
                    Fair enough, I can agree with that.

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