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  • Advice from your own experience greatly appreciated

    I am in a common law relationship I think with my partner for two years now. We live together with my teenage daughter. He legally separated last year some time. His ex is in the matrimonial home and four hours away from us. She is living there now with her boyfriend. The house is solely in my partners name as the house was built for him as a gift from his parents. It was not put in his name to keep her away from it, it was simply put in his name because it was a gift to him. He is more than willing to split what the house is worth when it sells. The house has been on the market in an on and off fashion because she is the one dealing directly with the real estate agent in the town where the house is located. She refuses to let him drop the price of the house or things of this nature because she really doesn't want the house to sell as she sees it as her home and because he left the marriage she doesn’t feel she should have to suffer. In their separation agreement he agreed to pay half of the property taxes while they have the house and to pay half the cost of upkeep, but there seems to be no time limit on this so she can just keep on living there with us paying half of these expenses while she lives with her boyfriend. Shouldn’t there be a time limit for things like this? She can live there for two years and then wither buy him out or they rent it out until it sells? Something? Seems like he is set up to be taken advantage of forever here. He is filing for divorce shortly. Had to save up for it. We tried to amend the separation agreement but her lawyer simply refused to acknowledge letters from his and we just can't afford to up the ante and posture our way into a court situation. But maybe we have no choice. Can things agreed upon in a separation agreement be changed? If a separation agreement has been agreed upon does that mean the divorce can be pushed throughout incidence or does it open any new cans of worms so to speak? Once he files we are worried it will invite a whole new wrath of issue. Can the ex ask for amendments or try and make changes to agreements after the divorced has been finalized? When is over truly over? During their divorce she generally made more than him year after year. If he got a good job and started bringing in a good income after the divorce does she have any right to that money? Does she have an rights to any money he might inherit while they are separated but not yet divorced? Any thoughts from any of you out there on how to get her out of the house or how to push the issue so her boyfriend buys out my partners half or they agree to move out or anything at all? Anyone have experience with a situation of this nature? There are no children involved here. Neither one of them made tons of money during the marriage but overall she made slightly more than him in general. If there are meetings required for the finalization of the divorce, what are these meetings about if the separation agreement is already in place and properties split up etc etc. Can we assume the divorce is now uncontested or do we have more horrible fun to look forward too? Can the lawyers meet or does the couple have to sit in? Interested in the experience others have had with this part of the procedure. Thank you so much to any and all for input and advice!<?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o>

  • #2
    If the former spouse desires the home, why don't the parties work out some arrangement whereby they raise an independant mortgage and buys the other out. She would also then have clear title to the propert and real estate fees could be avoided.

    Just a thought


    lv

    P.S. Welcome to the forum!

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