I'm getting some opposite opinion from two lawyers and can't find what I need on canlii so I figured that I might as well post here..
Situation:
Joint ownership of the house. Separated late 2018, was like a grenade and wife ended up in psych ward, moved out after CAS got involved, was about to put the house for sale but hell broke loose and she was then criminally convicted and released on probation (ie: can't come near the house). Summer Case conference got postponed due to another mental breakdown, followed by a change of lawyer which meant the fall one was delayed to the end of 2019. Walked out of case conf with a court order for house appraisal amongst others.
I want to buy her half so that the kids can have a stable home. The value of the house went up by 10% between the two dates due to the crazy real estate market around here so it's a good chunk of money. She was the cause of delays yet she wants the current value of the house.
My position based on what I understand of family law and canlii:
- Everything else is valued at separation date so that's what it should be. I couldn't find any case law that says otherwise with a reasonable delay (ie: when the delay is years, they use current value at trial date). And I do not have to pay occupation rent because she was excluded from the house due to criminal court (not exclusive possession per family law)
My lawyer's position:
- house is jointly owned and an asset so the ex is entitled to the current value unlike cars or other accounts.
2nd lawyer I spoke to:
- The valuation date is separation date for everything although he admits the other lawyer may have a point however he is unsure...
Any advice on this? This high conflict divorce is already quite costly with her dragging things along..
Thanks!
Situation:
Joint ownership of the house. Separated late 2018, was like a grenade and wife ended up in psych ward, moved out after CAS got involved, was about to put the house for sale but hell broke loose and she was then criminally convicted and released on probation (ie: can't come near the house). Summer Case conference got postponed due to another mental breakdown, followed by a change of lawyer which meant the fall one was delayed to the end of 2019. Walked out of case conf with a court order for house appraisal amongst others.
I want to buy her half so that the kids can have a stable home. The value of the house went up by 10% between the two dates due to the crazy real estate market around here so it's a good chunk of money. She was the cause of delays yet she wants the current value of the house.
My position based on what I understand of family law and canlii:
- Everything else is valued at separation date so that's what it should be. I couldn't find any case law that says otherwise with a reasonable delay (ie: when the delay is years, they use current value at trial date). And I do not have to pay occupation rent because she was excluded from the house due to criminal court (not exclusive possession per family law)
My lawyer's position:
- house is jointly owned and an asset so the ex is entitled to the current value unlike cars or other accounts.
2nd lawyer I spoke to:
- The valuation date is separation date for everything although he admits the other lawyer may have a point however he is unsure...
Any advice on this? This high conflict divorce is already quite costly with her dragging things along..
Thanks!
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