I recently went to a court hearing as my separated wife of over 2 years wanted the matrimonial home sold. Her lawyer requested I must move out within 30 Days and then all the responsibility of the home for listing, selling etc. will solely be my wife's responsibility. The Zoom call court judge granted her all her lawyer requested except to give me 45 days to vacate the property.
A little history -
- Married 25 years and 2 boys now live on their own.
- Wife didn't wanted to be married any longer and wanted to live on her own
- She understood at the time I didn't want to sell the house but at some
point I would have to buy her out or possibly sell the house
- She had an independent appraisal, that I thought was low, but she said if I
paid all the bills for the home she would maintain that value
- Her situation changed whatever it was and wanted a collaborated
divorce/separation process with lawyers that specialize
- I kind of ignored the request as it didn't make sense to me and I suggested
a Separation Agreement.
- Early 2020 I sent a low offer to purchase and a Separation Draft Agreement
- I didn't get a response until mid June from her new lawyer for a motion to
move out in 30 days, financial records, affidavit etc.
- I delayed things again with her new lawyer as 1) I work a lot and have my
own business 2) Covid just made everything in my construction business
more complicated 3) It was upsetting the tone the new lawyer was taking
- We went to a Case Conference end of September and Judge agreed I would
have to buy her out or sell the home and the Judge stated a return date for
a decision by the court
- Another Judge after receiving all the Affidavits etc. said there should be a
court hearing
- My wife's lawyer wanted it immediately but I took advantage of the Covid
scheduling and I said I was available end of January 2021
- A different Judge at the hearing seemed bias on people that represent
themselves. Before I even had my 15 minutes to present materials she
was asking my wife and lawyer questions as if she already made her
decision 1) Do you have a real estate agent chosen? 2) Do you have a real
estate person that can hold the proceeds in trust etc. I am thinking what
about me?
Anyway, my question after all this is it standard practice for a Judge to make a court order for me to move out of the house for no reason except that I possibility delayed things for a few months with no place to live. My wife's lawyer repeatedly said I was uncooperative and you never know what he has done inside the house.
So, now I have to find temporary residence and keep paying matrimonial home bills although my wife transferred the home tax bill to her account recently. My wife has 15 days after I move out to do whatever and she has to list the house for sale after that time. I will have to wait for my share of the home sale. This doesn't make sense at all to have the house empty unless the real estate agent is going to arrange staging. House prices have increased dramatically and of course she is not honouring her appraised value from 2 yeas ago.
I was thinking to work with a lawyer to appeal this court order as I have 15 days but I am not sure of the success rate or if I delay things again is it worth the effort.
I would appreciate any input.
A little history -
- Married 25 years and 2 boys now live on their own.
- Wife didn't wanted to be married any longer and wanted to live on her own
- She understood at the time I didn't want to sell the house but at some
point I would have to buy her out or possibly sell the house
- She had an independent appraisal, that I thought was low, but she said if I
paid all the bills for the home she would maintain that value
- Her situation changed whatever it was and wanted a collaborated
divorce/separation process with lawyers that specialize
- I kind of ignored the request as it didn't make sense to me and I suggested
a Separation Agreement.
- Early 2020 I sent a low offer to purchase and a Separation Draft Agreement
- I didn't get a response until mid June from her new lawyer for a motion to
move out in 30 days, financial records, affidavit etc.
- I delayed things again with her new lawyer as 1) I work a lot and have my
own business 2) Covid just made everything in my construction business
more complicated 3) It was upsetting the tone the new lawyer was taking
- We went to a Case Conference end of September and Judge agreed I would
have to buy her out or sell the home and the Judge stated a return date for
a decision by the court
- Another Judge after receiving all the Affidavits etc. said there should be a
court hearing
- My wife's lawyer wanted it immediately but I took advantage of the Covid
scheduling and I said I was available end of January 2021
- A different Judge at the hearing seemed bias on people that represent
themselves. Before I even had my 15 minutes to present materials she
was asking my wife and lawyer questions as if she already made her
decision 1) Do you have a real estate agent chosen? 2) Do you have a real
estate person that can hold the proceeds in trust etc. I am thinking what
about me?
Anyway, my question after all this is it standard practice for a Judge to make a court order for me to move out of the house for no reason except that I possibility delayed things for a few months with no place to live. My wife's lawyer repeatedly said I was uncooperative and you never know what he has done inside the house.
So, now I have to find temporary residence and keep paying matrimonial home bills although my wife transferred the home tax bill to her account recently. My wife has 15 days after I move out to do whatever and she has to list the house for sale after that time. I will have to wait for my share of the home sale. This doesn't make sense at all to have the house empty unless the real estate agent is going to arrange staging. House prices have increased dramatically and of course she is not honouring her appraised value from 2 yeas ago.
I was thinking to work with a lawyer to appeal this court order as I have 15 days but I am not sure of the success rate or if I delay things again is it worth the effort.
I would appreciate any input.
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