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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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Old 02-09-2009, 04:22 PM
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Default Friend did first mediation

as per original post this is really for friend whereas I have been there and finished everything............not common law spouse or bf either........just friend

he was married and it broke down beginning of this year (date Im not positive of)..........they had legal issues with their matramonial home........they went to court in the end the house was paid off by proceeds of court action........due to overwhelming debt he has intentions of filing bankrupt however she doesnt.........but he has financial interest in the home as well as her and the mother in law...there is child nvolved but NOT his and she has support order alredy at the courthouse that SHE has not enforced with bio father who is still in picture.........couple of questions (thats all I know really of situation)
1. if he files bankrupt will that not force the sale of the home???
2. she is looking for alimony even though they make roughly the same per yr
3. she is looking for cs for non bio child even though bio dad still in pic and doesnt pay current order
4. he went to mediation today and she wants a repayment schedule done-in essence a consumer proposal done- so she can keep the home and he cannot force sale of it to clear his name in debts........can she do this??

I cant remember the other questions off top of my head right now but that is jist of it ........any help would be appreciated

Last edited by littleman; 02-09-2009 at 04:40 PM.
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Old 02-09-2009, 09:10 PM
AtALoss AtALoss is offline
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I will try to answer the best I can and invite other opinions here too.
My first question is how long were these two together?

Answers for you:
1. In a bankruptcy....if one claims the bank or trustee would normally go to the otherpartner to see if they want and can pay for it. If they cant then the house would have to be sold to pay off the mortgage. Most couples will attempt to do this before to avoid the bankruptcy. Advice you do not neccisarily have to include all assets in a bankruptcy. Speak to the trustee to see if there is a solution first.
2.If she insists on alimony the court will consider greatly that salaries are similar and the length of the relationship. Sounds to mee that she may not get that much if she does.
3. Is she nuts? LOL Do you have proof that she has a previous order for child support? I think it very unlikely that she would get CS twice. I also think that any judge that would let that fly is comitting profesional suicide.
4 as for this one I cant say alot, hope others will give some insight too.
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Old 02-11-2009, 09:34 AM
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they were together 5 years before marriage then 6 years of marriage
date of seperation was Oct 31, 2008
he has copy of court ordered support for the child against bio father
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Old 02-11-2009, 04:25 PM
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Okay good, she would have to go after that order of support, too bad she never did anything about it in the first place. Your friend has no obligation for support. They could try to say that because he had married her that there might be some obligation, but I strongly think that the court would make her go for the other order first.
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Old 02-12-2009, 07:59 AM
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about is bankruptcy........the house is free and clear........there are on paper three owners........himself, wife and mother in law..........can he force the sale to get himself out of debt and avoid bankruptcy
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Old 02-12-2009, 01:06 PM
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I would think that he would have a hard time as two others are named on the mortgage and (land registry too?) To the best of my knowledge it cannot be forced if the other parties can make the mortgage. In essence he would be forced off. The bank is legally obligated to go to the next in line. the only time that it would be forced sale is if no one can make the mortgage. Some times that is determined by circumstance and other times by choice, in order to settle the issue alot of couples will agree to just sell. There remains the possibility that if agreed to sell all parties could split what ever equity remains... that may go along way to helping with everyones bills and avoid the bankruptcy. Good idea for all if it could happen in my opinion.

It can also be presented in court that he is threatening this just to be spiteful and then the court could order him to pay out. My ex has had our home held up in appeals for 5 years now and the silly thing is I agreed to let him have the house. So I just sit and wait til June and the Court will decide. I dont think it looks good for him unfortuneately as he has already been chastised by the court for holding out for so long. So that avenue would not pay for someone.
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Old 02-12-2009, 02:33 PM
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there is no money owing on the home at all.....its paid in full
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Old 02-13-2009, 06:12 AM
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If he files bankruptcy he does not have to include the home as it is free and clear of debt (IE mortgage.) Not to mention it would be extremely difficult to force the sale, as there are two other owners that I am sure would seek to have his name removed from ownership provided that any stake he may still have in the home has been satisfied.

As for CS of the non-bio child, the relationship was of a relatively short duration, and the onus would be on her to prove that he acted in every sense of the word as a parent to the child. IE the child referred to him as “dad” or my “step dad” to the public and that he was named as step parent on any school or medical papers, or that he took part in routine things like doctor appointments, dental appointment, parent - teacher interviews, discipline, signing consent forms, etc. Again the onus would be on her to prove this, not him. I would seek to have the bio involved and further force her to have the pre-existing order enforced by garnishment.

FYI, there have been cases where both the bio and non-bio parent were order to pay shares of CS.
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