Originally posted by Stillbreathing
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Interest on equalization payment
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Berner_Faith, your comment “ The sooner you sell, the sooner you get your money” is incorrect to put it mildly! Our matrimonial home has been sold for six years now and I still haven’t seen a dime! It remains in trust with the lawyer while the kids and I struggle financially. Your comment is supposed to be how things work but reality says it’s bs. Instead of resulting in both parties getting their share of the matrimonial home equity, sometimes the only result of selling the home is making the party who has custody of the children and the children homeless. As I have said before on another thread, beware the unintended consequences of forcing something such as the sale of the matrimonial home. Think long and hard about the doors it will open that you had no intention of opening. Such as will selling the home make your spouse and kids homeless? Will it cause them to have to move in with parents, partners? Will it open the doors for them to move somewhere like another city, province or country? For every action there is an opposite and equal reaction. You force one door closed and another will open for your spouse but it may not have been one you wanted opened. Beware!
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Originally posted by Berner_Faith View PostWhy do you care how he pays you as long as it�s paid? You don�t think he should get to choose how he pays you but you think you get to choose? You can�t afford the house, stop acting like a spoiled brat and put on big girl panties. Be an adult and make good financial decisions. The sooner you sell the sooner you get your money.
But what you�re trying to do is continue to live on his dime as long as you can before actually being forced to sell... a typical want your cake and eat it too...
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Why do you care how he pays you as long as its paid? You dont think he should get to choose how he pays you but you think you get to choose? You cant afford the house, stop acting like a spoiled brat and put on big girl panties. Be an adult and make good financial decisions. The sooner you sell the sooner you get your money.
But what youre trying to do is continue to live on his dime as long as you can before actually being forced to sell... a typical want your cake and eat it too...
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Originally posted by trueblue22 View PostAs far as I understand it isn't consider stalling if we aren't in court and are actively negotiating.
If he takes me to court over it I'll agree to sell that way my legal fees will be minimal. I can't imagine a judge allowing him to claim legal fees for discussions about selling the house we've had in the last 5 years
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Originally posted by trueblue22 View PostIf he takes me to court over it I'll agree to sell that way my legal fees will be minimal. I can't imagine a judge allowing him to claim legal fees for discussions about selling the house we've had in the last 5 years
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So why is it you will agree if he takes you to court but not now? You must know you cant afford it and you cant afford to fight.
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Originally posted by rockscan View PostNot working on a reasonable settlement or refusing to agree to sell the house. You can�t afford to buy him out but you want him to sell his investments at a cost to buy you out. He can force the sale of the home and he may simply be trying to work through the process before filing a court action. He is not stalling, you are. You have drawn a line in the sand saying I won�t agree to sell and you owe me money. He is more than likely discussing his options with his lawyer and getting his ducks in a row. Meanwhile you are saying no to everything.
When there is matrimonial property in play then yes he can choose to say he won�t pay you out with anything but the house because he owns it. Not to mention that you may not be entitled to this windfall you think is yours. What will you do when he does file with the court and he�s calculated that you owe him money? And what happens when you end up with nothing but a big legal bill because you were being unreasonable?
Stop bitching about his income and investments. You CHOSE to quit your job and open a business that is losing money and hire your new partner with a salary to him. That was your stupid financial decision that your ex is not responsible for. You also have chosen to be unreasonable about moving on and selling the house. Thats not on him. He wants it sold and the longer you battle over an asset you can�t afford, the more money you pay out in the end.
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If he takes me to court over it I'll agree to sell that way my legal fees will be minimal. I can't imagine a judge allowing him to claim legal fees for discussions about selling the house we've had in the last 5 years
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Originally posted by trueblue22 View PostI did speak to my lawyer about this. They said they could just get an extension.
Remember your lawyer gets paid no matter what the outcome is. If they fight fir an extension and they lose, you lose money on the fees and the clock keeps ticking.
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Originally posted by Tayken View PostBingo. There is an equalization limitation. OP should really be making a move on something. Either filing or something. The other party in the matter probably has good legal counsel. So good they don't need to come here to try and get answers.
https://www.ontario.ca/page/dividing...20to%20do%20so.
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Originally posted by StillPaying View PostIt's in OP's best interest to file, not ex. He may simply be waiting a few more months for the equalization limitation period to expire. They're both stalling, but it'll benefit ex in the end.
https://www.ontario.ca/page/dividing...20to%20do%20so.
If you need to go to court for a decision on the amount of an equalization payment, you have six years from the day you separated, or two years from the day your divorce is final (whichever comes first) to do so.
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Originally posted by rockscan View Post... he may simply be trying to work through the process before filing a court action. He is not stalling, you are.
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Originally posted by trueblue22 View PostWhat would be considered attempts to stall? I am living in the matrimonial home but he knows he can force me to sell but he hasn't taken any action by taking me to court to force the sale of the home. He knows I want to be paid out first before I agree to sell the house but he won't pay me unless it's using funds from the sale of the house. I don't care if he doesn't want to pay taxes on his investments by taking out the money from those accounts. Does he have a right to decide which assets he needs to sell to give me my money or is it unreasonable for him to insist he only wants to use MH funds?
Not working on a reasonable settlement or refusing to agree to sell the house. You cant afford to buy him out but you want him to sell his investments at a cost to buy you out. He can force the sale of the home and he may simply be trying to work through the process before filing a court action. He is not stalling, you are. You have drawn a line in the sand saying I wont agree to sell and you owe me money. He is more than likely discussing his options with his lawyer and getting his ducks in a row. Meanwhile you are saying no to everything.
When there is matrimonial property in play then yes he can choose to say he wont pay you out with anything but the house because he owns it. Not to mention that you may not be entitled to this windfall you think is yours. What will you do when he does file with the court and hes calculated that you owe him money? And what happens when you end up with nothing but a big legal bill because you were being unreasonable?
Stop bitching about his income and investments. You CHOSE to quit your job and open a business that is losing money and hire your new partner with a salary to him. That was your stupid financial decision that your ex is not responsible for. You also have chosen to be unreasonable about moving on and selling the house. Thats not on him. He wants it sold and the longer you battle over an asset you cant afford, the more money you pay out in the end.
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Originally posted by Stillbreathing View PostI have been embroiled in litigation for ten years now. If by some miracle he were to accept one of my multiple offers to settle then he would not have to pay costs or interest unless I factored either of those into the offer. However, if we go to arbitration/ trial then he would have to pay interest AND costs. We are asking for interest and do expect to get it at arbitration. He has had the use of my money and the children’s money for ten years and profited from same while the children and I have suffered due to his unwillingness to settle. Courts do take this into consideration, especially when there is a protracted history of bad faith behaviour by the losing party.
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