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  • uncontested divorce

    hello everyone

    I was wondering if anyone know in the case of an uncontested divorce. We have agreed on the matrimonial home, where I will reside until I decide to sell at which point we will split the proceeds. This is in our signed agreement where the clauses have been rewritten in the divorce order.

    Is this fine? Meaning, the agreement, divorce application, affadavit and order should be everything we need to finalize everything?

  • #2
    and what happens if you decide not to sell??

    Are the proceeds split according to value at time of separation or time of sale?

    who pays for everything while you are the only one in the house??

    what happens if your STBX has a change in either life or job and wants their share before you are willing to sell??

    These are all questions that should be covered in your separation agreement

    Comment


    • #3
      i am not planning on selling and he said we will split the proceeds based on whenever i decide to sell - i guess thats not a bad point to be more specific. my question is this for a joint divorce application, do i need the form 13.1?

      it says this form is required when:
      If you are making a claim for support and for property or
      exclusive possession of the matrimonial home, both you and your
      spouse need to fill out and a “Financial Statement in Form 13.1”.

      is this considered making a claim for property?

      anyone know?

      Comment


      • #4
        Wait, aren't you the person who said he was hacking your emails, slandering you to your friends, threatening your work place, etc, and generally being an **** about signing anything?

        And you want to stay financially linked to him by living in a home owned jointly with him? If he's still on the title, he could get the police or a locksmith to let him in any time he feels like it. If he's still on the mortgage, he could do all kinds of damage to your credit rating.

        Not to mention, it's totally stupid for him too. He could die before you sell and never benefit from the share which is rightfully his. Is he hoping you'll die soon and it will automatically go to him instead of your heirs?

        And yes, you need the financial disclosure done, to proceed. Sensibly at least. It should have all been done before the separation agreement was signed. How can you fairly divvy up what you don't know enough about?

        Comment


        • #5
          yeah we went through craziness but we have both put that behind us and stopped behaving that way.

          we arent so nasty with each other where we are waiting for each other to die so we can claim the house.... he's not interested in recouping any money from it now and even before all this happened we had a number in mind for how much we would sell it for and not until we get that number would we even consider selling it and thats a few years off at the very least.

          so in order to hand in my documents we need the form? we cant just decide for ourselves

          Comment


          • #6
            why do i have a feeling this is a disaster waiting to happen?? he has proved he can go from nasty to nice if he wants but he can also go back to nasty. Wonder if he has something up his sleeve?? Why would he agree to this because it is totally one sided. If he wants to buy another house then he still has this one on his credit report.

            Your best bet is to make a clean break and just either sell the house or buy him out. Not even sure a judge would grant it due to the outstanding issue of the house. That is something you should look into further.

            Comment


            • #7
              well i dont want to get into all the nitty gritty details

              but 1. the house and mortgage are in my name and 2. it snot one sided if i continue making payments while the equity grows and he benefits off that

              all i want to know is - is this considered a claim for property and thus requiring the form 13.1

              Comment


              • #8
                Not answering straight but sharing my experience - I also let it be "loose" - not a good idea when you're in court 6 years later and all hell breaks loose.
                NOTE: There is a 6 years limit after separation, for property division. That's a major problem in your case.
                My recommendation: split it all now, having financial ties as things change is a BAD IDEA (and you can't even start to conceive how it changes - yet)
                Good luck!

                Comment


                • #9
                  You don't have to separate the property equally. You can come to any arrangement you like. But the financial statements are essential because they show that both parties are fully aware of what property exists. It protects both of you from the event of one party concealing assets.

                  Maybe put something into your agreement about how both parties are aware that he is entitled to X amount from the marital home owned solely by you (you can decide on the amount based on the value of the home, maybe less any other assets he gets to keep. It doesn't have to be exactly half.) and is choosing to defer the receipt of this money until the sale of the home at an unspecified future date. This makes it clear that you are both aware of exactly what's going on. And also leaves open the possibility that you can pay him ahead of time, like if say you come into some money and want to deal with it without selling the home. It may also leave it open to him asking for a repayment plan should he change his mind and want the money sooner.

                  I still think it's nuts and you are better off completely severing all ties to him. As said, you've already seen what he's capable of when he's angry. Why leave the door open to it happening again?

                  Comment

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