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  • dividing house contents

    The ex is being difficult and will not talk about splitting up the contents of the house. Their lawyer wont anyways.


    If I bring a motion and the ex says they want to auction off the contents will they get their way?

  • #2
    what is valuable in the house that you need?

    If nothing- make estimates about the content of the house. Include it in your NFP calculations and just keep it moving.

    Bringing a motion about the contents of the house sounds like a supreme waste of money.

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    • #3
      asdfadsfasdfasdfasdfasdfafds

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      • #4
        Originally posted by iona6656 View Post
        what is valuable in the house that you need?

        stuff


        Originally posted by iona6656 View Post
        If nothing- make estimates about the content of the house. Include it in your NFP calculations and just keep it moving.
        should we not have to talk it out? Like you take this I take that?


        Originally posted by iona6656 View Post
        Bringing a motion about the contents of the house sounds like a supreme waste of money.
        So are most divorce proceedings when every reasonable person already knows the general outcome.




        So if I bring a motion do judges just say sell it and split the cash?

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        • #5
          If you don’t want things does that mean they will take them?

          You’re really in the weeds here. If you need to split the contents for an equalization statement, you assign an amount. Most household items are worthless. Antiques and higher end electronics maybe not but for the most part they are assigned an amount.

          If you want things from the house and the ex refuses to discuss, make a list, send it to their lawyer as your request for these items and go from there.

          Filing a motion to auction off the contents is not only ridiculous but could open you up to costs. Auctions have fees and they take time and effort on the part of the person dealing with the auction. What exactly do you think is going to happen? Your ex isnt talking now. How is an auction going to happen? You will deal with it? The two of you will simply pack bags and leave the home and leave it to the auction house?

          Perhaps you should do a search on canlii related to household contents and go from there.

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          • #6
            Read the post again.
            I said I wanted to divide them up and was worried the judge would simply say auction it off.

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            • #7
              You said you wanted to bring a motion. Waste of time. Make a list of what you want and then at your first case conference, bring it up. It will become part of the order then. Her lawyer could be busy, been given direction to wait, or simply is holding your request. It can be raised at a case conference and can also be “ordered”.

              At the end of the day though, this is one of those “pick your battles” situations.

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              • #8
                Originally posted by rockscan View Post
                You said you wanted to bring a motion. Waste of time. Make a list of what you want and then at your first case conference, bring it up. It will become part of the order then. Her lawyer could be busy, been given direction to wait, or simply is holding your request. It can be raised at a case conference and can also be “ordered”.

                At the end of the day though, this is one of those “pick your battles” situations.


                Agreed... most times the items in the home are worthless in the grand scheme of things. Fighting over pots and pans or furniture is just petty. I don’t think a judge would order things be “auctioned” off... again a waste of time.


                Sent from my iPhone using Tapatalk

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                • #9
                  In family law, sadly the old adage of "possession is nine tenths of the law" strongly applies. You get to keep what you have, and she gets to keep what she has.

                  The value is of course addressed during equalization, but the value of most stuff will be minimal. The stuff is almost always better to have than the value.

                  ...or

                  ...think of it as a chance to dump the old stuff at a garage sale and start anew with a bit of cash.

                  In my case, I grabbed some stuff, ex grabbed some stuff, and we mostly got to keep whatever we grabbed. In retrospect I wish I had grabbed more .

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                  • #10
                    at 500 - 600.00/hr who in their right mind discusses dishes and used furniture with their lawyer?

                    Reality check is in order. Perhaps your lawyer is milking you?

                    Tell your ex to take what he/she wants. It isn't worth the fight.

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                    • #11
                      Originally posted by notAngry View Post
                      Read the post again.
                      I said I wanted to divide them up and was worried the judge would simply say auction it off.
                      do you have a key still- can you not just go in and get the important "stuff"? do you or the children need said important "stuff"?

                      I *wish* my ex had cleared the house out. Would've saved me three weeks of non-stop organizing and packing up the house to get it readied for sale.

                      What everyone is trying to tell you to do is forget the stuff in the house unless you absolutely need it.

                      My suggestion would be to go get your clothes, important papers + sentimental things.

                      Call your ex and ask them to meet at the coffee shop. make a list of big items (furniture, art work, etc). Ask if they want it. Ask them what they want first.

                      If they won't meet with you- send another email stating the stuff you would like. If they still won't respond/meet with you- go get it.

                      Then move on with your legal proceedings.

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                      • #12
                        Who in their right mind discusses dishes and used furniture with their lawyer?
                        Usually in these fights there is 1 or 2 people not in their right mind.

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                        • #13
                          Originally posted by notAngry View Post
                          Who in their right mind discusses dishes and used furniture with their lawyer?

                          Usually in these fights there is 1 or 2 people not in their right mind.


                          Yet you want to bring a motion for this because the ex won’t discuss?


                          Sent from my iPhone using Tapatalk

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                          • #14
                            Yes.
                            But from what I am reading I should just take the things that I really want and then let it sort out afterwards.

                            I thought I might get into trouble for doing it but I guess not.
                            They already took stuff but not a lot but they also wont admit they took the stuff.

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                            • #15
                              Each of you are going to have things that lean toward the other. Maybe a painting or piece of furniture that is more to “your” side than “hers” or things that have a level of importance. You could just take things if it won’t create an impact to the kids or cause a war. You could also make a list of what you want or don’t want for future court dates. There are so many different ways to deal with it. The bottom line is, this isn’t a motion to auction kind of situation.

                              Think too about what has emotional value. My partner was upset he didn’t take more photos or videos of the kids. His list was small—his things, a few sentimental pieces and a few pieces of furniture to help him get started. He now says he should have been more thorough. He left a lot of his personal things he didn’t feel were important and his ex just threw them away. Now the other side is the kids went through his new house making comments about how he took things he wasn’t entitled to like cds and records and books. (eyeroll)

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