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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 12-30-2008, 12:58 PM
blindsided blindsided is offline
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Default Does someone know a good legal Aid laywer in ottawa

Hi all,

I finally went to legal aid yesterday, they gave me a cert. for 4 hours to see a laywer,now i need to find a good one? (until they decide if i can get it i still have to show line of credit bill)
I think the last straw was when i phoned ex on Dec 24 i was greeted with oh its you what the f do you want! Thats what i get for putting up with him for 22 years

I phoned him to ask why he took 16 hundred out of line of credit.Oh and he took that out to pay his cell bill off, (close account).

He leaves me no choice but to see a lawyer wont talk to me about financials mortage line of credit or help with anything. im living on about 13thousand a year paying mortage line of credit , utils and housing our 18 and 19 year olds. while hes making 30 thousand and paying only 400 month for room and board.

Any help would be great if you can pm me a legal aid lawyer that was good.
If more info needed let me know

Thanks
  #2  
Old 12-30-2008, 01:46 PM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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I think that your local court house can offer you a referral of lawyers in the area.
You know you are entitled to CS until the teens are finished high school (if not already) plus during their post secondary years if they remain at home or primary residence is home. You would also be entitled to asset splitting, which means if you were left the home and mortgage he is entitled to half it's equity, but also responsible for half the mortgage.

You may do well to balance what that means to you financially, because if the equity out weights the mortgage you would owe him a buy out of the home remaining equity. IE if the home was valued at separation of say $250,000, you bought it for $175,000 and still owed $100,00 in a mortgage; then the split would be $125,000 equity minus $50,000 mortgage = $75,000 buy out amount less his share of any matrimonial debt of course, and if his share of the debt is not this much or more you will be responsible for paying him. Done either by refinancing the home or a line of credit (loan). Just something to consider.


If he has basically walked away from the house and debt, you would have to determine if it is in your best interest to seek asset spliotting.
  #3  
Old 12-30-2008, 08:57 PM
blindsided blindsided is offline
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Quote:
Originally Posted by FL_Needs_To_Change View Post
I think that your local court house can offer you a referral of lawyers in the area.
You know you are entitled to CS until the teens are finished high school (if not already) plus during their post secondary years if they remain at home or primary residence is home. You would also be entitled to asset splitting, which means if you were left the home and mortgage he is entitled to half it's equity, but also responsible for half the mortgage.

You may do well to balance what that means to you financially, because if the equity out weights the mortgage you would owe him a buy out of the home remaining equity. IE if the home was valued at separation of say $250,000, you bought it for $175,000 and still owed $100,00 in a mortgage; then the split would be $125,000 equity minus $50,000 mortgage = $75,000 buy out amount less his share of any matrimonial debt of course, and if his share of the debt is not this much or more you will be responsible for paying him. Done either by refinancing the home or a line of credit (loan). Just something to consider.

he has basically walked away from the house and debt, you would have to determine if it is

in your best interest to seek asset spliotting.
Yes my 18yr old is in college.
When you say hes entitled to half the equity in the house? what happened is we bought the house April 2007 and he left May 2008, so what ever the increase in the value of the house thats all hes entitled to?

So what happened was i got buy out from private ins of 50thousand i paid off our debt and put 37thousand down on house and we go a mortgage of 186thousand,we paid( 218thousand for house). then we got a line of credit of 30thousand to get us out of debt again(now thats all gone),he always had this thing i want i buy. so would i only have to give him the difference of the value it went up? because at first when he left he said i can have it he didnt want it, but now that the woman that he had the affair left her husband for him i dont think he will be singing the same tune.

what do you mean by ,see if it would be in best intrest about asset splitting?
  #4  
Old 12-30-2008, 10:04 PM
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Default Hi There

I would be more than happy to give you my lawyer.She is excellent but I can't post her info publically .I am gonna PM you.
She got me everything I wanted.She is not cruel or manipulative and is excellent with billing(I was on legal aid too).Sometimes you might feel she is slow:-)
  #5  
Old 12-31-2008, 08:26 AM
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Quote:
Originally Posted by blindsided View Post
Yes my 18yr old is in college.
When you say hes entitled to half the equity in the house? what happened is we bought the house April 2007 and he left May 2008, so what ever the increase in the value of the house thats all hes entitled to?
I believe so.

Quote:
Originally Posted by blindsided View Post
So what happened was i got buy out from private ins of 50thousand i paid off our debt and put 37thousand down on house and we go a mortgage of 186thousand,we paid( 218thousand for house). then we got a line of credit of 30thousand to get us out of debt again(now thats all gone),he always had this thing i want i buy. so would i only have to give him the difference of the value it went up? because at first when he left he said i can have it he didnt want it, but now that the woman that he had the affair left her husband for him i dont think he will be singing the same tune.

what do you mean by ,see if it would be in best intrest about asset splitting?
If you have documentation that you were given money from an insurance claim, I would certainly include that and state where it was spent as you can have this amount removed from asset splitting so that it increases your share of the assets and reduces your share of the debt. IE you would be entitled to $37,000 more of the equity in the home plus what you paid on the initial debt. Originally it would be a 50/50 split, but if you show your documentation your split would be say 65/35 for any assets and say 40/60 for debts depending on the ratio relative to what you paid from your insurance money.

When I say to see how it affects you, I am suggesting that you find out how much your entitlement would be and his, then how much debt you would be responsible for and what he would be responsible for. Subtract the two and if the remaining amount is owing to him can financially manage it, if so the effort to get this split would be worth it. If the result is an amount owing to you, does the cost to accomplish this outweighs the result? No sense fighting and spending thousands to get hundreds right?

If the result is A0 not worth is, or B) financially taxing, you may want to rethink how you handle the asset splitting as you do not have to follow the 50/50 rule, as long as both parties are in agreement any split is ok with the courts as long as it appears reasonable or justified.
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Old 01-03-2009, 06:05 AM
leopard1960 leopard1960 is offline
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Default Seeking a divorse lawyer in Ottawa

Quote:
Originally Posted by sufferer View Post
I would be more than happy to give you my lawyer.She is excellent but I can't post her info publically .I am gonna PM you.
She got me everything I wanted.She is not cruel or manipulative and is excellent with billing(I was on legal aid too).Sometimes you might feel she is slow:-)
Hi, could you please PM me the contacts of your lawyer.
Thanks
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