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Kkc 02-12-2019 11:28 PM

proceeds of matrimonial home
 
Hey guys thanks for reading

The long and short

Separation date was Sept 1. She tried to do a rule 14 on me and served me on a Friday at 5pm. Monday at 9am her lawyer backed off when she got all the facts. The solution was a nesting agreement with a shared bank account and me funding it as I normally had. Kids is close to 50/50.

Equalization heavily favours me particularly because she had a hidden student debt that she told me 2 days after we exchanged vows. This debt was in collections and my wages would then be garnished so we paid it all off with wedding gifts. In the first month the wife went on a tear and spent 30K forcing Mastercard to shut down our card and even at one point she was unable to buy groceries for the kids because she does not know how to check a bank account balance (I am not trying to take shots, this is the legit truth). It took two times of putting her on notice with letters before it stopped. She essentially dissipated everything we had and were sued because I couldn't pay a contractor.

So we have not had a case conference yet. My brother has cancer and was part of the reason for pushing it back. The wife has bought a house. I have no clue how she could get a mortgage without a separation agreement unless she either lied, had someone co-sign it or just did an unconditional offer. Given how fucked up my life is right now I have moved in with my parents in the interim. She is under the presumption that she will just get her half the house proceeds (and mine???) because of her needs. We also should have a formal separation agreement in place by end of month as the nesting agreement was a band-aid solution...yes I know my situation is ass backwards.

My questions are:
without a case conference in place, what recourse can she have to get her proceeds (as the real estate lawyer needs direction from both of us)?

while I want her to have a house, it doesn't mitigate the fact that equalization heavily favours me and that she went hogwild spending..will this matter..ie if she was planning on getting a house she should have known better to spend 30k in 3 weeks (this was not a marital standard by any means).

She was extremely abusive to me in the relationship and I do not want this to be more of her getting away with this shit.

any suggestions would be appreciated:

Asphenaz 02-13-2019 11:14 AM

If she moved out of the home, then the nesting agreement is no longer valid. I would calculate what you owe in CS and SS and start paying that. Move back into the home, which will help you maintain 50/50.

As for the house, the lawyer can just wait till you finalize the equalization. Call the bank, she may have taken a loan against the house, or added a second mortgage.


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