What is the cut-off date that I would be responsible to for paying property taxes and interest on our joint credit line?
A brief background...I wanted to buy the matrimonial home from my ex but after much expensive fighting over exclusive possession and two years of miserable living in another part of the same house after the separation date, I finally gave up the battle and left with my older children and rented another home. Nothing was settled. The kids don't really talk to their dad (their choice for their own reasons) and I have supported them alone in the last couple of years, they just moved away to go to school last month.
Even though I have nearly $10,000 in legal bills (and my ex has twice that), I still am no closer to a divorce or a settlement and I am in my 13th month of renting another house in another town. My ex and I finally agreed that we can't do the lawyers anymore (all they want to do is go to court and my lawyer has even adjourned 2 set court dates on my behalf without even informing me that I had court dates - one time was because he took a holiday).
So finally I am awaiting a $$$ number from my ex today for his buyout offer. We had agreed on a value for the house and contents but everytime he gets close to giving me a written offer he starts subtracting nickles and dimes, or about $30,000 in this case. We do owe some back-taxes since before the separation date of Sept 2008. I realize that half of this debt is mine and am prepared to pay that but he expects me to pay half the taxes right up to today's date. I feel that is his equity in the home and not mine but is it? I haven't been living there and have entirely new expenses of my own now.
Also we had a credit line and a mortgage up to the time of separation date. Around that time my ex tried thought he was being smart and emptied out the credit line to it's max (about an additional $40,000) he said so I couldn't get my "greedy hands" on it so he put it in a "special" account. What he actually did was eventually pay the mortgage off with the credit line but that was his doing and he tried to keep that from me and get credit for "paying all the expenses since separation" when really he only borrowed from one pocket to put it in another. The lawyers were aware of this and it was discussed (but not settled) that I shouldn't be responsible for the credit line after the separation date anyhow. However, my ex is charging me half of the interest on the credit line for the past 5 years (payments have come out of his account monthly up to now as he will be taking over the credit line when I sign over the house). I don't feel this is fair as he withdrew that large lump sum 2 years ago to "protect it from my greedy hands" and we have been charged interest on it ever since.
To sum up? What's the cut-off date that I am liable for property-related bills? Can I counter-offer by knocking any $$$ off that occured after the separation date? Or would it be the date that I actually physically moved out of the house? Or am I stuck with the whole thing?
I am still paying the almost $300 a month insurance on the house because he won't take over the payment until we settle because he feels that he is already paying the costs of the house since I moved out (credit line/mortgage, hydro, phone and satellite) - of course he is - I don't live there and pay over $1000 a month on my own rental (and in fact am wondering if I can charge this back to him but that's another topic?). arrggghh. I have had to buy new furniture as I left everything behind because things turned a lot crazy when I tried to take stuff...this has put me into debt almost $10,000 for beds, washer/dryer, etc. while he sits in a fully furnished beautiful home on the water and hasn't paid a cent to me or his children in the 3.5 years we've been separating. BTW our kids are old enough not to require child support and spousal support is also unnecessary. This should just be a clean case of property division.
One other question...I don't want to be married to him anymore but the simple "divorce" part, legally separating us, seems an impossible feat since my lawyer never even made a dent in that in 3 years. Is there a simple way for me to at least do that part by myself without spending a lot more money? I thought thats what I was buying in the first place with my legal bills but apparently not.
Sorry to be long-winded. Any advice is appreciated.
A brief background...I wanted to buy the matrimonial home from my ex but after much expensive fighting over exclusive possession and two years of miserable living in another part of the same house after the separation date, I finally gave up the battle and left with my older children and rented another home. Nothing was settled. The kids don't really talk to their dad (their choice for their own reasons) and I have supported them alone in the last couple of years, they just moved away to go to school last month.
Even though I have nearly $10,000 in legal bills (and my ex has twice that), I still am no closer to a divorce or a settlement and I am in my 13th month of renting another house in another town. My ex and I finally agreed that we can't do the lawyers anymore (all they want to do is go to court and my lawyer has even adjourned 2 set court dates on my behalf without even informing me that I had court dates - one time was because he took a holiday).
So finally I am awaiting a $$$ number from my ex today for his buyout offer. We had agreed on a value for the house and contents but everytime he gets close to giving me a written offer he starts subtracting nickles and dimes, or about $30,000 in this case. We do owe some back-taxes since before the separation date of Sept 2008. I realize that half of this debt is mine and am prepared to pay that but he expects me to pay half the taxes right up to today's date. I feel that is his equity in the home and not mine but is it? I haven't been living there and have entirely new expenses of my own now.
Also we had a credit line and a mortgage up to the time of separation date. Around that time my ex tried thought he was being smart and emptied out the credit line to it's max (about an additional $40,000) he said so I couldn't get my "greedy hands" on it so he put it in a "special" account. What he actually did was eventually pay the mortgage off with the credit line but that was his doing and he tried to keep that from me and get credit for "paying all the expenses since separation" when really he only borrowed from one pocket to put it in another. The lawyers were aware of this and it was discussed (but not settled) that I shouldn't be responsible for the credit line after the separation date anyhow. However, my ex is charging me half of the interest on the credit line for the past 5 years (payments have come out of his account monthly up to now as he will be taking over the credit line when I sign over the house). I don't feel this is fair as he withdrew that large lump sum 2 years ago to "protect it from my greedy hands" and we have been charged interest on it ever since.
To sum up? What's the cut-off date that I am liable for property-related bills? Can I counter-offer by knocking any $$$ off that occured after the separation date? Or would it be the date that I actually physically moved out of the house? Or am I stuck with the whole thing?
I am still paying the almost $300 a month insurance on the house because he won't take over the payment until we settle because he feels that he is already paying the costs of the house since I moved out (credit line/mortgage, hydro, phone and satellite) - of course he is - I don't live there and pay over $1000 a month on my own rental (and in fact am wondering if I can charge this back to him but that's another topic?). arrggghh. I have had to buy new furniture as I left everything behind because things turned a lot crazy when I tried to take stuff...this has put me into debt almost $10,000 for beds, washer/dryer, etc. while he sits in a fully furnished beautiful home on the water and hasn't paid a cent to me or his children in the 3.5 years we've been separating. BTW our kids are old enough not to require child support and spousal support is also unnecessary. This should just be a clean case of property division.
One other question...I don't want to be married to him anymore but the simple "divorce" part, legally separating us, seems an impossible feat since my lawyer never even made a dent in that in 3 years. Is there a simple way for me to at least do that part by myself without spending a lot more money? I thought thats what I was buying in the first place with my legal bills but apparently not.
Sorry to be long-winded. Any advice is appreciated.
Comment