Divorce with out property settlement after 6 years

[Runninggirl97]

Hi

I have a question that I cant find an answer for.

I have been seperated for 6 years. Custody has been determined by Court order, the only issue that my ex is fighting is property. He has made no attempt to settle this. I made an attempt in 2012 and it turned very ugly, not for me but for my son so I choose not to persue it any futher.

I know there is a limitation on time to settle propety ( 6 years from date of seperation). At this point I do not care what implactions there are, we only had furniture and an old car and one debt.

Does anyone have experience in getting divorced, and property settlement with this senario.

Any help would be greatly appreciated.

[DowntroddenDad]

In order to get divorced, matters like property and finances have to be sorted out first. You said "things got ugly for your son"....did your son not want the house to be sold, or is it you that wants to stay in the house?

How about you just sell the house, use some of the equity to pay off that "1 debt", and then move on with your lives.......or is this just crazy talk? This will be the no-brainer approach, and give you closure to the matter

Am sure there is a part to this story that you have chosen to leave out?????

NOTE: If you are thinking of owning the house and just staying there, IT AIN'T GOING TO HAPPEN. It will have to be sold, and your ex will have a strong case for this, especially if their is debt that needs to be paid. Just wanted to make you aware of this

I don't see any mention at all of a house.

Fair would be to split things evenly with the assets and debts as they were on the day of separation.

But expedient might be to realize that a day in court would be more expensive than the furniture and the car.

Make an offer, be generous, just to get it over with.

[Northern Phoenix]

Actually, I severed the divorce motion from the rest of the corollary issues and was granted a divorce motion successfully. So yes you can do it.

The matrimonial home issue depends on a lot of things like equity in the home, occupancy rent, appraisals, ex's contributions, etc.
It doesn't HAVE to be sold but you have to get something going in court.
There is an 6 year rule but I don't know if it applies to the home as well as family property.
Keep up the payments, insurance on the house make sure the debt is being paid, keep receipts for it all, make reasonable offers to settle ie. buy out the other's interest in the home. If you want to keep the house you will have to make sure that you are taking the HIGH ROAD....judges do not suffer fools well....
If you want to sell the house and split the proceeds that is your option too but you have to make sure you are doing everything in a very transparent way.
If your child is young usually the judge will take the best interests of a child into great account and give you exclusive possession for a period of time.
Time for you to start doing some serious research and call a lawyer for a consultative meeting not to retain but get a bit of advice on where to start your investigation.
I have walked this road....it was hard but I have my home for my children and I many months later after my divorce was finalized.
Be smart and graceful and you will always win.

[Runninggirl97]

Ok.. There is no house. We rented.
I did offer him a cash settlement for Furniture ( a two bedroom apartment that was 3 years old) you do the math, not worth a hell of a lot, and he said no. He wants the actual items, that I no longer have as they sat for 4 years. So I waited for my court documents as he threatened because But they did not come.
The debt is a large amount in my name. I have been paying it for 6 years now why change that.
I love how you assumed I am a woman who wants everything, you need to stop and realize not everyone has huge houses and cars and lots of possessions. Some people just want to be free with no attachments to that people are no longer a part of your life. Not everyone can be kind and willing to work with other people to obtain that goal.

[Rioe]

Ok.. There is no house. We rented.
I did offer him a cash settlement for Furniture ( a two bedroom apartment that was 3 years old) you do the math, not worth a hell of a lot, and he said no. He wants the actual items, that I no longer have as they sat for 4 years. So I waited for my court documents as he threatened because But they did not come.
The debt is a large amount in my name. I have been paying it for 6 years now why change that.
I love how you assumed I am a woman who wants everything, you need to stop and realize not everyone has huge houses and cars and lots of possessions. Some people just want to be free with no attachments to that people are no longer a part of your life. Not everyone can be kind and willing to work with other people to obtain that goal.

Just apply for divorce and see what happens. You have taken on the debt, he had an opportunity to deal with the furniture years ago and he declines, and now the furniture has been disposed of. Tell him that if he wants to argue and reopen equalization of property, he will likely owe you money because of the debt you took on. I suspect he knows he has no case, but just likes to harass you in the hopes that you'll cave in and give him some cash, which is why he hasn't followed before. Time to call his bluff.

[DowntroddenDad]

This is what happens when half the information is provided. For some reason you thought the forum didn't need to know the details you now provided, but expected the forum to provide advice based on limited info

Find out the value of similar items that your ex is asking for, and propose this as the cash offer i.e. how much an item of a certain age now goes for, not what you think they are worth

Sorry I don't read it that way.

There was no mention of a house, you assumed there was one. The OP mentioned the car the furniture and the debt in the first post.

You lept to a conclusion, and now you are trying to justify it.

[stripes]

To the OP: one way to settle the property issues would be to use kijiji to find out what similar furniture and car of a similar age would sell for. Keep records of your search. Then offer him half of the total amount that this property would fetch if you sold it. If he continues to harass you, ignore him. You've made a fair offer to settle property.

If you want to keep paying the debt yourself, fine - but if it is joint debt (which would be kind of hard to prove since it's in your name) you could subtract his half the kijiji value of the furniture and car from his half of the debt that existed at the time you separated. He would probably end up owing you money in this scenario.