Hi everyone,
I would like your to hear your opinion/advice on my current situation.
Here's some background stuff:
1. Purchased a home with the EX. Both of our names on the title, both of our names on the mortgage.
2. To simplify things, price of the home is $330,000, I've put a deposit of $30,000. Ex did not put a dime.
3. Except for half of the fence, I've paid everything related to the home. Paid for all utilities and property taxes. All were paid from my bank account.
4. Ten months after moving into the new home, Ex runs away with my kid without me knowing. A month later, on advice of my former lawyer, I agree to pay the mortgage and other expenses while the home is up for sale. At that time, EX says she wants none of the equity in the home, which was the deposit only.
5. EX then makes a court application, seeking order for partition and sale of the house and the equal sharing of the net proceeds.
6. My former counsel responded by seeking that my contribution to the downpayment be excluded, basically making a claim for unjust enrichment, resulting trust, constructive trust and all that good stuff.
NOTE: EX had a property (under her name only), which she sold for a profit and that we lived-in for two years just before moving to the new home. Ex denied that I contributed to the expenses of the property, basically saying that I lived there rent free. I claimed that I've contributed cash amount (harder to trail), but I've also was able to provide cheques showing my contribution.
FAST FORWARD TO TODAY:
1. The home is still valued at about $330,000 (conditions of the market);
2. I've reduced the mortgage of about $15,000, so the balance is $285,000;
3. Both of our names still on the title and the mortgage;
4. I still pay everything related to the home and obviously take care of maintenance and upkeep, while she doesn't show any interest with matters of the house;
5. House is not on the market yet.
Her lawyer is arguing that I have Exclusive Possession of the home. The only reason I stayed is out of necessity. It was more stable for my kid while we were fighting for custody and if she won't resume her payments towards the mortgage, it would be hard for me to pay the entire mortgage and rent somewhere.
At the same time, if I'm reducing the mortgage by myself and she's entitled to half of the equity, I don't know why I should be staying in the home. Seems like a catch 22.
According to legal counsels, it appears that I have a good case for Trust Claim. Still, I may be headed for trial and I'm self-representing now, so I'm doing my readings and I decided to turn to the board for opinion/advice on the matter.
Not seeking anything legal, but your two cents. Anything to build-up confidence while I'm headed for what will hopefully be the last stretch on this case.
I apologize for the long post.
I would like your to hear your opinion/advice on my current situation.
Here's some background stuff:
1. Purchased a home with the EX. Both of our names on the title, both of our names on the mortgage.
2. To simplify things, price of the home is $330,000, I've put a deposit of $30,000. Ex did not put a dime.
3. Except for half of the fence, I've paid everything related to the home. Paid for all utilities and property taxes. All were paid from my bank account.
4. Ten months after moving into the new home, Ex runs away with my kid without me knowing. A month later, on advice of my former lawyer, I agree to pay the mortgage and other expenses while the home is up for sale. At that time, EX says she wants none of the equity in the home, which was the deposit only.
5. EX then makes a court application, seeking order for partition and sale of the house and the equal sharing of the net proceeds.
6. My former counsel responded by seeking that my contribution to the downpayment be excluded, basically making a claim for unjust enrichment, resulting trust, constructive trust and all that good stuff.
NOTE: EX had a property (under her name only), which she sold for a profit and that we lived-in for two years just before moving to the new home. Ex denied that I contributed to the expenses of the property, basically saying that I lived there rent free. I claimed that I've contributed cash amount (harder to trail), but I've also was able to provide cheques showing my contribution.
FAST FORWARD TO TODAY:
1. The home is still valued at about $330,000 (conditions of the market);
2. I've reduced the mortgage of about $15,000, so the balance is $285,000;
3. Both of our names still on the title and the mortgage;
4. I still pay everything related to the home and obviously take care of maintenance and upkeep, while she doesn't show any interest with matters of the house;
5. House is not on the market yet.
Her lawyer is arguing that I have Exclusive Possession of the home. The only reason I stayed is out of necessity. It was more stable for my kid while we were fighting for custody and if she won't resume her payments towards the mortgage, it would be hard for me to pay the entire mortgage and rent somewhere.
At the same time, if I'm reducing the mortgage by myself and she's entitled to half of the equity, I don't know why I should be staying in the home. Seems like a catch 22.
According to legal counsels, it appears that I have a good case for Trust Claim. Still, I may be headed for trial and I'm self-representing now, so I'm doing my readings and I decided to turn to the board for opinion/advice on the matter.
Not seeking anything legal, but your two cents. Anything to build-up confidence while I'm headed for what will hopefully be the last stretch on this case.
I apologize for the long post.
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