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?
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Originally posted by trueblue22 View PostWould 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?
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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Originally posted by Tayken View PostIf 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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Originally posted by Helpmyspouse View PostTayken gave great advice. Those were all the reasons why I won my motion.
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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Originally posted by canthisberight View PostOpposite 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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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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Originally posted by trueblue22 View PostHe 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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Originally posted by Helpmyspouse View PostThe 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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