I am dealing with a case of domestic violence. My ex-partner was removed from the house by the police and has paid only $40. per month child support over the past 5 years. We bought a home together 8 years ago, to which he only contributed 20% of the down-payment. I carried the majority of the household expenses. He hasn't contributed a cent since 3 months prior to separation and owes a substantial amount in property taxes and insurance, etc.
I am self-employed and have been making all the mortgage payments. We have tried to make offers to get him off title but they were 'without prejudice' offers and the court does not consider them. He has been sitting on the house for 5 years watching the property values increase. Recently he refused our offer to settle out of court (again without prejudice) and brought on a motion to 'force the sale of the house' under the partition act. The leading case is davis. v. davis which said that the partner in the house did not have exclusive possession rights.
However, I am deeply disturbed by this because the courts refused to weigh the outstanding arrears in child support and against his claim for the sale of the property. At this point, it is the only security left that I have for my child's future. He has also claimed that he is unable to work due to an auto accident....the court ordered in his favour the sale of the house.
My question is = why would the courts force the sale of the home, knowing that he has been highly negligence in supporting his child, compounded by the fact that he is claiming he is unable to work due to chronic pain. (fraudlent accident)
Now, essentially I have no recourse with the courts...unless I want to go bankrupt fighting this issue. Essentially they've colluded with and empowered an abuser to neglect their parental obligations.
If i have to move, then I will never be able to get back into the real estate market as the values have increased substantially in 8 years.
This is not about my rights to the property...it's about my child's right to her future.
Why doesn't my child have the same rights as those children under matrimonial law.???
This is unconstitutional..
I am self-employed and have been making all the mortgage payments. We have tried to make offers to get him off title but they were 'without prejudice' offers and the court does not consider them. He has been sitting on the house for 5 years watching the property values increase. Recently he refused our offer to settle out of court (again without prejudice) and brought on a motion to 'force the sale of the house' under the partition act. The leading case is davis. v. davis which said that the partner in the house did not have exclusive possession rights.
However, I am deeply disturbed by this because the courts refused to weigh the outstanding arrears in child support and against his claim for the sale of the property. At this point, it is the only security left that I have for my child's future. He has also claimed that he is unable to work due to an auto accident....the court ordered in his favour the sale of the house.
My question is = why would the courts force the sale of the home, knowing that he has been highly negligence in supporting his child, compounded by the fact that he is claiming he is unable to work due to chronic pain. (fraudlent accident)
Now, essentially I have no recourse with the courts...unless I want to go bankrupt fighting this issue. Essentially they've colluded with and empowered an abuser to neglect their parental obligations.
If i have to move, then I will never be able to get back into the real estate market as the values have increased substantially in 8 years.
This is not about my rights to the property...it's about my child's right to her future.
Why doesn't my child have the same rights as those children under matrimonial law.???
This is unconstitutional..
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