Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #61  
Old 05-15-2013, 09:39 PM
RainB RainB is offline
Junior Member
 
Join Date: Apr 2013
Posts: 19
RainB is on a distinguished road
Default

Quote:
Originally Posted by HappyDays View Post
Is this the matrimonial home though?
This is still considered as matrimonial home as per my lawyer despite she only lived there for 15 days prior to separation.
Reply With Quote
  #62  
Old 05-16-2013, 01:03 AM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,697
arabian will become famous soon enough
Default

I think a very important matter is the fact that you were married for a very short period of time. The home was in your name prior to your marriage. She only lived in it for 15 days and I gather that she didn't contribute financially to the home/marriage. [Would this be an accurate condensed version of your situation?]

You can perhaps do one of two things:

1. Have your lawyer respond to her lawyer's letter stating that you deny any and all claims made by her...

or

2. Ignore the lawyer's letter.

Either way she has to take it to another level - file a motion. Her lawyer will require a substantial retainer from her to pursue the matter.

Sometimes silence, refusing to engage in pointless dispute, is a much better way to go.
Reply With Quote
  #63  
Old 05-16-2013, 06:11 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,337
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by RainB View Post
This is still considered as matrimonial home as per my lawyer despite she only lived there for 15 days prior to separation.
For the purposes of equalization of the asset not for residency purposes. You are joint tenants possibly to the property. (Depends on what the title states for ownership.) But, that doesn't mean she "resides" at the property. Tenancy in that case, think of it more as, tenancy of ownership not residency.

Hammerdad can explain this concept better than myself.

Good Luck!
Tayken
Reply With Quote
  #64  
Old 05-16-2013, 08:37 PM
RainB RainB is offline
Junior Member
 
Join Date: Apr 2013
Posts: 19
RainB is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
I think a very important matter is the fact that you were married for a very short period of time. The home was in your name prior to your marriage. She only lived in it for 15 days and I gather that she didn't contribute financially to the home/marriage. [Would this be an accurate condensed version of your situation?]

You can perhaps do one of two things:

1. Have your lawyer respond to her lawyer's letter stating that you deny any and all claims made by her...

or

2. Ignore the lawyer's letter.

Either way she has to take it to another level - file a motion. Her lawyer will require a substantial retainer from her to pursue the matter.

Sometimes silence, refusing to engage in pointless dispute, is a much better way to go.
Thank you for your suggestion. All those factors you put down together are correct. In fact I am perfectly fine paying her a small proportion of NFP but sometimes people can get very greedy. Trust me no matter how much I offer, she will ask for more :P
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Is it hopeless? First case conference gone wrong....any advice is appreciated exceptiontotherules Divorce & Family Law 22 12-01-2012 05:32 PM
Case Conference questions....please help Tank2 Divorce & Family Law 14 04-07-2011 10:52 PM
*First Post* CL questions...need advice! Greenrooster Divorce & Family Law 7 03-24-2011 10:40 AM
Case Conference Preparation - Questions Ontario Parenting Issues 4 01-17-2011 09:48 AM
Case Conference Form 17a - Questions digitalkreation Divorce & Family Law 5 04-06-2010 05:02 PM


All times are GMT -4. The time now is 05:49 AM.