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  • Equalization limitation

    I understand there is a statute on bringing an application for equalization but i also know it can get extended.

    What do I need to do to get this extended?

  • #2
    Well if you arent providing disclosure and being unreasonable you are probably not going to get extended.

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    • #3
      My ex also hasn't provided everything I asked for either.

      Comment


      • #4
        Is anything you asked for an obligation? Because if he isnít legally obligated to provide it, he doesnít have to. What you want isnít necessarily what the court expects.

        Also, two wrongs donít make a right. If you havenít provided disclosure by now you have set yourself up for a big loss.

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        • #5
          Originally posted by trueblue22 View Post
          I understand there is a statute on bringing an application for equalization but i also know it can get extended.

          What do I need to do to get this extended?
          A motion. Which means you need to go to court. YOu need to file a Form 13.1 and you need to move the case forward. Ultimately if you are not active on a court file they will close it and make you restart everything.

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          • #6
            My ex also hasn't provided everything I asked for either.
            This is a terrible answer and makes both of you look like six year olds fighting in the back of the car. "But he poked me first... but she threw a cheeto at me... but it didn't hit him"... ugh.

            You want to walk into court as the party with clean hands. Make it look like you are awesome and your ex is the problem. Do that by fully complying with disclosure orders. When you get into the mud you both look dirty and Judges don't want to help those people. Provide all the disclosure. Be the party that Judges want to help.
            Last edited by Kinso; 09-30-2022, 11:23 AM.

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            • #7
              *edited post above - disregard*

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              • #8
                Originally posted by Kinso View Post
                This is a terrible answer and makes both of you look like six year olds fighting in the back of the car. "But he poked me first... but she threw a cheeto at me... but it didn't hit him"... ugh.

                You want to walk into court as the party with clean hands. Make it look like you are awesome and your ex is the problem. Do that by fully complying with disclosure orders. When you get into the mud you both look dirty and Judges don't want to help those people. Provide all the disclosure. Be the party that Judges want to help.

                Except trueblue doesnt want things to change. She wants to stay in the house with her ex paying for everything. He wants to sell and get on with his life. She already goes in without clean hands!

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                • #9
                  My ex and I now have a med/arb agreement.

                  A few years ago he did provide financial disclosure including an income report. My lawyer at the time did advise he provided very good disclosure. I also provided some of mine but he wanted more information on my new business which I did not feel comfortable providing. Everything I have of his is outdated now and he doesn't want to provide new disclosure unless he's certain I will be providing the same.

                  I don't want to look bad in front of the arbitrator but I also don't want my information to be online.

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                  • #10
                    You need to provide your disclosure. He provided what he was obligated to give you and you failed to provide yours. He is well within his rights to say not until you pony up everything. Quit stalling and give him the info. All you are doing is setting yourself up for misery when he takes it to court.

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                    • #11
                      I don't think he can take me to court anymore since we have an med/arb agreement. Do the same rules apply?

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                      • #12
                        It depends on what is in the agreement. If you havenít followed it or it didnít involve the sale of the house, he can still do that. Or if he needs disclosure for calculations and you wonít provide them, he can do that. There are things that the agreements donít cover. You asked about delaying an action, clearly there is something he can move on.

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                        • #13
                          Originally posted by Brampton33 View Post
                          I thought for sure he would move to force sale of the house. Her husband has deep pockets and wanted to clear all ties with her. I am surprised the sale has yet to occur as prices are now on the downcurve.

                          Well her original question was about a limit on an equalization application so I have a feeling there was a date and she continues to drag her feet and now wants to delay further.

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                          • #14
                            Originally posted by trueblue22 View Post
                            I don't think he can take me to court anymore since we have an med/arb agreement. Do the same rules apply?
                            Arbitration is PRIVATE court. Take it there now. Stop wasting everyone's time on this forum. Clearly there is so much capital on this file that you can have a private court determine the outcome... go use it.

                            Most of the posters here can't even contemplate that kind of expense to speed up their proceedings. Call your lawyer, get the advice and follow through with arbitration and get things closed out.

                            Comment

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