Court date to sell matrimonial home

[rockscan]

Im not sure. I think if you aren’t there and paid all the bills you can charge her occupational rent. That would be something to look into (do a search on the forum as it was discussed before). With respect to mortgage payments, if you made additional payments to the principle, you may be able to argue that you can request a credit.

Ultimately your best bet is to make her an offer she can’t refuse. If she is dug in on selling the house, she will shoot herself not accepting a reasonable offer.

[jackandjill2000]

I will try that. Thanks for the advice.

I am also having trouble figuring out how it works regarding the mortgage payments. I've been solely paying off the mortgage but it's a joint mortgage. Does she get credit for that? I've single handedly also paid off about 300k

For example if the mortgage on the date of separation was 1.5 million and I paid off 300k, is this how the math looks:

2..5 million dollar sale price =
1.5 million mortgage.
1 million in equity

She gets 300k while I get 700k?

[rockscan]

Yes I do have an official appraisal. I got one done when we originally separated then an updated one a couple of years later when I thought financial disclosure was going to happen. Both were shared with her. There was a 250k difference which she already demanded to share that despite not paying any expenses and being the one to refuse to move out of the house.

I would offer to sell her the house at the lower amount or split $125,000 IF the house sells at that value and if she balks, request that the house be sold and she pays her share of occupational rent and expenses.

[jackandjill2000]

Yes I do have an official appraisal. I got one done when we originally separated then an updated one a couple of years later when I thought financial disclosure was going to happen. Both were shared with her. There was a 250k difference which she already demanded to share that despite not paying any expenses and being the one to refuse to move out of the house.

[StillPaying]

Anything from a realtor is no good. It must be a proper appraisal.
Find out today's value. Ex can buy you out at that price, otherwise let the house go to market and split it.

[rockscan]

Court date to sell matrimonial home

It has been a good 8 months and my ex still refuses to vacate and sell the matrimonial home. We do have a process in place now (med/arbitration scheduled for October).

It is clear from her email correspondence she expects me to "make up" the difference from what she preceives the matrimonial home was worth when we seperated and refuses to accept a lower value. Is that true? I am the one that has been trying to get her to sell for years.

I don’t believe so. Much like the stories in the news say, having waited to sell and seeing the market collapse is the seller’s fault. If she had sold when it was hot she would have reaped the benefits. She doesn’t get to demand more money from you for dragging her heels.

ETA: did you get an appraisal of the house when you split? You may want to look into that. Or if you have details on comparable sales in the neighbourhood. That would set the value of the house. My husband’s ex refused to accept that their house had increased in value and that it expected to be more money when they split. He had a realtor appraise its value at much higher than his ex wanted. He didnt bother spending the money fighting her on it because it was one of the non starter items in their debate. He wasn’t going to spend 30 grand to walk away with only 10 more.

[jackandjill2000]

It has been a good 8 months and my ex still refuses to vacate and sell the matrimonial home. We do have a process in place now (med/arbitration scheduled for October).

It is clear from her email correspondence she expects me to "make up" the difference from what she preceives the matrimonial home was worth when we seperated and refuses to accept a lower value. Is that true? I am the one that has been trying to get her to sell for years.

[pinkHouses]

Urgent motions would be.....cases where access is unilaterally cut off......

Depends on where you live in Ontario. It is total bullcrap.

[DHTO]

What would be considered urgent? I have a lawyer on limited retainer since my ex changed the locks on me. I haven't been inside my house for over 2+ years and have been forced to rent. I'm trying to limit my costs. I already know my ex won't be able to buy me out but I can't afford to delay for much longer. I need to access my equity.

Urgent motions would be mobility cases, cases where access is unilaterally cut off, and cases involving violence.

Unfortunately being pushed into the poor house is not considered urgent.

[rockscan]

It wasn't savage or a burn; simply an observation. You come off goofy. Grow up!

He was talking about my comment about trueblue.

As for TB22, don’t get cocky. He can go for costs (and will win) if you continue to drag your feet on disclosure. See how you like 75 grand for your lawyer and another 75 for his!!

[StillPaying]

It wasn't savage or a burn; simply an observation. You come off goofy. Grow up!

[Kkc]

Ok are you divorcing Trueblue22 because this sounds like her!! Or maybe you are trueblue and asking to test your options!

Depends on the motion and the court. You could try to contact the court and see what the timelines are for that court.

you are an absolute savage...that was such a good burn

I have a feeling at some point her case will show up on canlii or the corollary relief twitter feed and you will have some good reading materials for entertainment

[trueblue22]

Have you started an application with the court? Why are you paying a lawyer but doing nothing. It's hard to claim urgency when you've waited 2+ years. Start the process. Hopefully you won't have to wait 7-8 months, which I'm assuming is due to the holidays and trial sittings.

Good to know my ex can't claim he urgently needs to sell the matrimonial home. He has plenty of access to assets he can easily convert and turn into cash.

[trueblue22]

What are we talking abiut here?

[StillPaying]

What would be considered urgent? I have a lawyer on limited retainer since my ex changed the locks on me. I haven't been inside my house for over 2+ years and have been forced to rent. I'm trying to limit my costs. I already know my ex won't be able to buy me out but I can't afford to delay for much longer. I need to access my equity.

Have you started an application with the court? Why are you paying a lawyer but doing nothing. It's hard to claim urgency when you've waited 2+ years. Start the process. Hopefully you won't have to wait 7-8 months, which I'm assuming is due to the holidays and trial sittings.