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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 03-04-2008, 03:48 PM
jean jean is offline
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Default difficult situation; need advice

Hi,

Can I please get a solid advice on the following?
1. The spouse remaining in the matrimonial home decided to get it refinanced and release the other one from the mortgage. How the buyout value of the matrimonial home is calculated if separated/divorced?
2. When calculating the value of the matrimonial home only the amount paid towards the principal is taken into consideration? What about the interest paid to the mortgage institution? This is a significant amount of money too and both spouses contributed to pay it while still together.
3. How can one evaluate the market value of the matrimonial at the time of separation, since this took place last year and no separation agreement is in place yet?
4. The purchase price of the matrimonial home is different than the mortgage, since a down payment was paid. Thus, the actual purchase price of the home (including the down payment) and not the mortgage is taken as a starting point, am I right?
5. I contacted few lawyers to review a draft of a separation agreement, however none wanted to do this, unless a retainer of at least 1000.00$ is paid, even they claim they charge by the hour. Neither I nor my spouse wants to go to the Court and we do not want lawyers being involved. What is the approximate price a lawyer would charge for reviewing and commenting on a separation agreement?
6. If one of the spouse claims she/he was in an abusive relationship, but this actual “abuse” consisted in verbal arguments only and no physical violence occurred (no violence, no calls to 911, no police involved), can she/he uses the notes from the marriage therapist as evidence? The word abuse is effectively and abusively used by marital therapists to convince one partner to leave the marriage.
Thanks.
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Old 03-05-2008, 07:58 PM
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Quote:
Originally Posted by jean
Hi,

Can I please get a solid advice on the following?
1. The spouse remaining in the matrimonial home decided to get it refinanced and release the other one from the mortgage. How the buyout value of the matrimonial home is calculated if separated/divorced?
2. When calculating the value of the matrimonial home only the amount paid towards the principal is taken into consideration? What about the interest paid to the mortgage institution? This is a significant amount of money too and both spouses contributed to pay it while still together.
3. How can one evaluate the market value of the matrimonial at the time of separation, since this took place last year and no separation agreement is in place yet?
4. The purchase price of the matrimonial home is different than the mortgage, since a down payment was paid. Thus, the actual purchase price of the home (including the down payment) and not the mortgage is taken as a starting point, am I right?
5. I contacted few lawyers to review a draft of a separation agreement, however none wanted to do this, unless a retainer of at least 1000.00$ is paid, even they claim they charge by the hour. Neither I nor my spouse wants to go to the Court and we do not want lawyers being involved. What is the approximate price a lawyer would charge for reviewing and commenting on a separation agreement?
6. If one of the spouse claims she/he was in an abusive relationship, but this actual “abuse” consisted in verbal arguments only and no physical violence occurred (no violence, no calls to 911, no police involved), can she/he uses the notes from the marriage therapist as evidence? The word abuse is effectively and abusively used by marital therapists to convince one partner to leave the marriage.
Thanks.
1.Get an appraisal. Real estate agents opinions are OK if you aren't relying on it in court.
2.Correct, it is the equity that is split, regardless of down payment at purchase or who paid it.
3.Get an appraisal. They can value it back to separation date.
4.The equity is split. Effectively so is the down payment.
5.Depends on the lawyer. With no problems or contention, $2,000 to $5,000 would be reasonable. But BEWARE, you get a lawyer to comment, then each of should get one. Then watch them sink their teeth into you and see how fast the litigation starts. Check out colloborative family law, which is designed to keep you out of court.
6.Until I saw this, I thought good candidate for amicable separation. Now not no sure.
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Old 03-05-2008, 09:00 PM
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am I right in assuming that you have been separated for a year but one wants to use abuse as a reason for divorce?? Easier just to use the year separation. The marriage therapy was joint and now one of you want to use what was said in confidence to be used in court?
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Old 03-06-2008, 04:04 PM
jean jean is offline
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No, none of the parties wants to use "abuse" as a reson for divorce. I just wanted to know if one can be blackmailed by the other using the therapist notes. How credible a therapist is in court?

Yes, we are both willing to separate amicable. I hope we will reach an agreement.

Thanks
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Old 03-06-2008, 05:57 PM
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Default Hi There

In Canada there is a 100% concept of NO FAULT DIVORCE.Even if the divorce is e outcome of only one party desire/fault then also it doesn't effect anyof the decision related with the divorce such as Support.custody,net equilization etc etc
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