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  • Sale of matrimonial home

    Would this be considered an "urgent" issue? If my ex husband were to bring it to court to request the house be sold how long would it take to be heard?

  • #2
    Originally posted by trueblue22 View Post
    Would this be considered an "urgent" issue? If my ex husband were to bring it to court to request the house be sold how long would it take to be heard?
    If he was experiencing a financial hardship, has made numerous requests to settle the matter of the matrimonial property, has no use of the property, is not getting occupational rent from you for the property and the topic has been canvassed at previous conferences. Probably could be considered urgent. It depends how the opposing side presents the "need" for "urgency" in resolving the matter.

    Find a rental property and sell the house. Squatting is a really bad idea in family court. You will eat costs probably and may have to pay occupational rent if you are unreasonable.

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    • #3
      Tayken gave great advice. Those were all the reasons why I won my motion.

      Comment


      • #4
        Originally posted by Tayken View Post
        If he was experiencing a financial hardship, has made numerous requests to settle the matter of the matrimonial property, has no use of the property, is not getting occupational rent from you for the property and the topic has been canvassed at previous conferences. Probably could be considered urgent. It depends how the opposing side presents the "need" for "urgency" in resolving the matter.

        Find a rental property and sell the house. Squatting is a really bad idea in family court. You will eat costs probably and may have to pay occupational rent if you are unreasonable.
        He is not experiencing financial hardship. From what I understand he is not allowed to get a new mortgage because he's responsible for the mortgage on the matrimonial home. He has easily spent 400k renting in the last 5 years without the ability to build up home equity. He is not had use or access to the property for years but has continued to pay for repairs and expenses associated with it. We have never had any "conferences". Just discussions between lawyers and a mediator.

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        • #5
          Originally posted by Helpmyspouse View Post
          Tayken gave great advice. Those were all the reasons why I won my motion.
          I still have difficulty understanding the concept of occupation rent.

          The matrimonial home is in his name so he will get the increase in value from date of separation until the date it's sold. The increase in the value of the home is easily 300 to 400k. I will be arguing for a trust claim.

          Please correct me if my assumptions are wrong.

          Scenario 1

          I succeed my trust claim and get the post separation increase value of the home. But since I didn't pay any mortgage payments or expenses he will argue I owe him for occupation (which is 50% of market value) rent for the last 5 years. I will also argue he owes me retroactive spousal and child support. But since he has been paying to rent his own place, can this be used against me since I am the one that locked him out of the house in the first place?

          Scenario 2

          I do not succeed in my trust claim and he gets the full increase in the value of the home. I will argue he owes me retroactive spousal and child support but he will argue I owe him occupation rent (being 50% of market value). Does he get 50% value of the credit for paying expenses and repairs or 100% of the credit? What about the tax consequences because he hasn't' been able to claim any of his support as spousal support. My concern is that he will be able to successfully argue that I should be responsible for 50% of his rental expenses from the day I locked him out as well as 50% of occupation rent.

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          • #6
            How did you lock him out?

            Opposite side of things...my partner's ex was given exclusive possession of the house...for two month,...and due to covid nothing has settled. She has never paid a cent while he rents..just curious

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            • #7
              Originally posted by canthisberight View Post
              Opposite side of things...my partner's ex was given exclusive possession of the house...for two month,...and due to covid nothing has settled. She has never paid a cent while he rents..just curious
              I changed the locks and security codes to the house about a week after he left. He kept trying to visit the kids I left with the nanny while I wasn't around.

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              • #8
                Originally posted by trueblue22 View Post
                I changed the locks and security codes to the house about a week after he left. He kept trying to visit the kids I left with the nanny while I wasn't around.
                Why was that a concern?

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                • #9
                  Originally posted by Janus View Post
                  Why was that a concern?
                  He left me without any notice. I didn't want him coming and going as he pleased especially when I wasn't around.

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                  • #10
                    Originally posted by trueblue22 View Post
                    He left me without any notice. I didn't want him coming and going as he pleased especially when I wasn't around.
                    Wow. Just wow. I don't even know where to start with this one. Off to you @Janus.

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                    • #11
                      The house is jointly owned. He is entitled to live there just as you are yet you lock him out denying him access to his property. And you lock him out because he was coming over to visit with the kids. One question. How would YOU feel if he locked YOU out? Then if locking him out wasn't enough now you are preventing him from his share of his equity. So you took his kids and his home. You give good women going through a divorce a bad name.

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                      • #12
                        Originally posted by Tayken View Post
                        Wow. Just wow. I don't even know where to start with this one. Off to you @Janus.
                        OK, so I was shocked too...that is highly illegal...I cant beleive that it hasnt been changed

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                        • #13
                          I'm not actually that surprised, it is consistent with her other posts.

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                          • #14
                            Originally posted by trueblue22 View Post
                            He left me without any notice. I didn't want him coming and going as he pleased especially when I wasn't around.
                            What I didn't mention was that he also took the children with him and had most of his belongings moved. I eventually got the childen back after a few days and my lawyer at the time advised I was fully within my rights to lock him out especially since I was scared he would try to take the kids again or if i was concerned he would come back and take more things out of the MH.

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                            • #15
                              Originally posted by Helpmyspouse View Post
                              The house is jointly owned. He is entitled to live there just as you are yet you lock him out denying him access to his property. And you lock him out because he was coming over to visit with the kids. One question. How would YOU feel if he locked YOU out? Then if locking him out wasn't enough now you are preventing him from his share of his equity. So you took his kids and his home. You give good women going through a divorce a bad name.
                              I am fighting to make sure my kids and I will continue to have a good life and standard of living after everything is finalized. I know I won't be able to afford to give the kids the same opportunity and experiences my ex will be able to provide but I'm going to try my hardest to get every penny I deserve to make sure we are on as even ground as possible. They already tell me about the nice things they have at their father's house when I ask them what they do with him.

                              Comment

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