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

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  #11  
Old 11-30-2012, 09:12 PM
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How much equity is in the house, how much do you own on it?
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Old 11-30-2012, 09:59 PM
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Originally Posted by sunset View Post
Yes we were legally married. My house is around 215,000 resale. He wants 9000 from the house plus 900 for his legal fees. Plus our 52" flat screen tv and the hottub which isn't paid off. It has around 2500 paid on it which he has been paying but keeping at my house. Does that sound fair?
In order to comment on the house, it would depend how much equity is in the house... legal fees- he can be responsible for his own legal fees (what is he giving you towards your legal fees)... as for the TV... how much are you willing to pay to fight him on this... if this is all he is asking for, I would say just hand it over to save you the hassle... hottub... if he has been making the payments but has not had use of it, would it not be fair to give it to him?
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Old 11-30-2012, 10:41 PM
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Thanks for the advice. I have around 164,000 left on the house. But I have had it for around 7 years. We were married for 3.
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Old 11-30-2012, 10:53 PM
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Thanks for the advice. I have around 164,000 left on the house. But I have had it for around 7 years. We were married for 3.
You are playing with fire. You were married, and spent 3 years in a home. It can easily be determined that the home is a matrimonial home, and as such he owns half the outstanding equity, even if all he ever did was sit around and drink beer while you worked.

Give him the $900, the hot tub, and the TV, and thank your lucky stars. That is a ridiculously cheap divorce.
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Old 11-30-2012, 11:29 PM
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You are playing with fire. You were married, and spent 3 years in a home. It can easily be determined that the home is a matrimonial home, and as such he owns half the outstanding equity, even if all he ever did was sit around and drink beer while you worked.

Give him the $900, the hot tub, and the TV, and thank your lucky stars. That is a ridiculously cheap divorce.
Agreed... With $51k equity in the home... You technically could be paying him $25k... I would pay what he is asking... Draw up the agreement, get it reviewed and signed, with ILA... And count your lucky stars.
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Old 12-01-2012, 01:08 AM
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It's 9000. Plus 900 for half of his lawyer fees. Thanks for the input.
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Old 12-02-2012, 01:30 AM
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It's 9000. Plus 900 for half of his lawyer fees. Thanks for the input.
I thought you already paid the 9000, and were now quibbling over the 900 only (and hot tub).?
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Old 12-02-2012, 01:55 AM
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here is a thought - maybe this is why the LIA is referred so much here? what do you think an even bad lawyer would tell him when he/she looks at the seperation agreement, married + house = MH and MH is first look 50/50 equity and outstanding debt. There should be no give him 9K and thank the lucky stars!! You will need to get him to agree to what is against his best interest 25K instead of 9, plus whatever else there is to consider - just a thought you will need to get around. bonus to you is the short marriage but if you think what would be the result in front of a judge, what prvious rulings can you find on CANLII? ( i think you are newer here, canlii.org/ontario will get you the posted cases. Search for your issue to support your keeping an unequal share of the home.)
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Old 12-02-2012, 02:36 PM
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I'll take a look there thank you. Yes I am new to this site and its helpful. I have not given him any money yet.
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Old 12-02-2012, 03:31 PM
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here is an easy one - do not give him anything! I assume you both have an income of sorts to survive until this is settled? This is not a whine - ok it is!! but a year of nothing, so many twisted bank accounts - around 35 with one bank, kids and all - but the statements do not indicate all the account numbers, often it is just mutual fund. Yea rigghhht! Which friggin one! But anyway - I am on a meagre disability - meagre to can't survive on it - but i still wait, and since I am slow at figuring out the financial mess, I wait longer.... but not much, should be in front of the judge here this week.

So do not feel bad about holding onto yours until you have your settlement.
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