Just quick facts and looking for input. Now my situation is ass backwards bc she tried an emergency motion claiming I'm violent and dangerous to try and get me kicked out of the house. Her lawyer quickly backed off and we had a nesting order.
The things in our equalization are mostly straight forward (cars, debt, taxes owed). Neither of us have pensions.
The sales of mat home are held in trust minus 50k advance to each of us.
The variables...the value of my med corp..it's been independent verified at a bit less than my guess (very small amount)
She wanted a price on my comics . I thought it was petty and judge agreed but if she insisted she would have to value her designer purses. Like I said purses are way higher than comics.
When the house sold and it was time to move, i asked about dividing furniture. she took everything out of the house and left me with nothing (not even clothes for the kids who I have every weekend)..so that goes against her on equalization
So without including comics, house possessions she owes me 90 k on equalization.
Furthermore...we had agreed to accounting of joint money's spent from the time of separation to house closing. In the first month alone she depleted all our assets writing checks to her mom and maxing out the credit cards. I was able to detail every exact purchase down to Tim Hortons and divided them by personal vs household. In the end she spent 50k on personal purchases and likely will owe me considerably on accounting.
She continues to spend cash like crazy and if first of month falls on a weekend asks for her check to be delivered on the Friday so she doesn't have to wait till Monday. She even asked for September support to be dated on Aug 31 so she didn't have to wait until Tuesday to deposit the check (labour day). So somehow she burns through over 10k a month.
So my question...
She clearly owes me a lot right now. Half length of marriage is 3 years and I'm one year into separation. So on equalization..she owes me 90k exclduing purses and furniture, on accounting of joint moneis she owes me 30 to 40k. She will only be able to pay me through her proceeds of the house meaning she would get next to nothing.
What arguments can she make that equalization would not be fair and that her being left with nothing from the house is not fair. Remember she depleted all the assets and spends excessively. Also what are alternatives to suggest for her to get funds from the house but still holding her accountable.
The things in our equalization are mostly straight forward (cars, debt, taxes owed). Neither of us have pensions.
The sales of mat home are held in trust minus 50k advance to each of us.
The variables...the value of my med corp..it's been independent verified at a bit less than my guess (very small amount)
She wanted a price on my comics . I thought it was petty and judge agreed but if she insisted she would have to value her designer purses. Like I said purses are way higher than comics.
When the house sold and it was time to move, i asked about dividing furniture. she took everything out of the house and left me with nothing (not even clothes for the kids who I have every weekend)..so that goes against her on equalization
So without including comics, house possessions she owes me 90 k on equalization.
Furthermore...we had agreed to accounting of joint money's spent from the time of separation to house closing. In the first month alone she depleted all our assets writing checks to her mom and maxing out the credit cards. I was able to detail every exact purchase down to Tim Hortons and divided them by personal vs household. In the end she spent 50k on personal purchases and likely will owe me considerably on accounting.
She continues to spend cash like crazy and if first of month falls on a weekend asks for her check to be delivered on the Friday so she doesn't have to wait till Monday. She even asked for September support to be dated on Aug 31 so she didn't have to wait until Tuesday to deposit the check (labour day). So somehow she burns through over 10k a month.
So my question...
She clearly owes me a lot right now. Half length of marriage is 3 years and I'm one year into separation. So on equalization..she owes me 90k exclduing purses and furniture, on accounting of joint moneis she owes me 30 to 40k. She will only be able to pay me through her proceeds of the house meaning she would get next to nothing.
What arguments can she make that equalization would not be fair and that her being left with nothing from the house is not fair. Remember she depleted all the assets and spends excessively. Also what are alternatives to suggest for her to get funds from the house but still holding her accountable.
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