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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 03-16-2021, 01:49 PM
rockscan rockscan is offline
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What would be considered attempts to stall? I am living in the matrimonial home but he knows he can force me to sell but he hasn't taken any action by taking me to court to force the sale of the home. He knows I want to be paid out first before I agree to sell the house but he won't pay me unless it's using funds from the sale of the house. I don't care if he doesn't want to pay taxes on his investments by taking out the money from those accounts. Does he have a right to decide which assets he needs to sell to give me my money or is it unreasonable for him to insist he only wants to use MH funds?

Not working on a reasonable settlement or refusing to agree to sell the house. You cant afford to buy him out but you want him to sell his investments at a cost to buy you out. He can force the sale of the home and he may simply be trying to work through the process before filing a court action. He is not stalling, you are. You have drawn a line in the sand saying I wont agree to sell and you owe me money. He is more than likely discussing his options with his lawyer and getting his ducks in a row. Meanwhile you are saying no to everything.

When there is matrimonial property in play then yes he can choose to say he wont pay you out with anything but the house because he owns it. Not to mention that you may not be entitled to this windfall you think is yours. What will you do when he does file with the court and hes calculated that you owe him money? And what happens when you end up with nothing but a big legal bill because you were being unreasonable?

Stop bitching about his income and investments. You CHOSE to quit your job and open a business that is losing money and hire your new partner with a salary to him. That was your stupid financial decision that your ex is not responsible for. You also have chosen to be unreasonable about moving on and selling the house. Thats not on him. He wants it sold and the longer you battle over an asset you cant afford, the more money you pay out in the end.


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  #12  
Old 03-16-2021, 03:01 PM
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... he may simply be trying to work through the process before filing a court action. He is not stalling, you are.
It's in OP's best interest to file, not ex. He may simply be waiting a few more months for the equalization limitation period to expire. They're both stalling, but it'll benefit ex in the end.
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  #13  
Old 03-16-2021, 03:13 PM
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It's in OP's best interest to file, not ex. He may simply be waiting a few more months for the equalization limitation period to expire. They're both stalling, but it'll benefit ex in the end.
Bingo. There is an equalization limitation. OP should really be making a move on something. Either filing or something. The other party in the matter probably has good legal counsel. So good they don't need to come here to try and get answers.

https://www.ontario.ca/page/dividing...20to%20do%20so.

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If you need to go to court for a decision on the amount of an equalization payment, you have six years from the day you separated, or two years from the day your divorce is final (whichever comes first) to do so.
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  #14  
Old 03-16-2021, 05:48 PM
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Bingo. There is an equalization limitation. OP should really be making a move on something. Either filing or something. The other party in the matter probably has good legal counsel. So good they don't need to come here to try and get answers.

https://www.ontario.ca/page/dividing...20to%20do%20so.
I did speak to my lawyer about this. They said they could just get an extension.
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  #15  
Old 03-16-2021, 07:27 PM
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I did speak to my lawyer about this. They said they could just get an extension.

Remember your lawyer gets paid no matter what the outcome is. If they fight fir an extension and they lose, you lose money on the fees and the clock keeps ticking.


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  #16  
Old 03-17-2021, 10:02 AM
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Not working on a reasonable settlement or refusing to agree to sell the house. You can�t afford to buy him out but you want him to sell his investments at a cost to buy you out. He can force the sale of the home and he may simply be trying to work through the process before filing a court action. He is not stalling, you are. You have drawn a line in the sand saying I won�t agree to sell and you owe me money. He is more than likely discussing his options with his lawyer and getting his ducks in a row. Meanwhile you are saying no to everything.

When there is matrimonial property in play then yes he can choose to say he won�t pay you out with anything but the house because he owns it. Not to mention that you may not be entitled to this windfall you think is yours. What will you do when he does file with the court and he�s calculated that you owe him money? And what happens when you end up with nothing but a big legal bill because you were being unreasonable?

Stop bitching about his income and investments. You CHOSE to quit your job and open a business that is losing money and hire your new partner with a salary to him. That was your stupid financial decision that your ex is not responsible for. You also have chosen to be unreasonable about moving on and selling the house. Thats not on him. He wants it sold and the longer you battle over an asset you can�t afford, the more money you pay out in the end.


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As far as I understand it isn't consider stalling if we aren't in court and are actively negotiating.

If he takes me to court over it I'll agree to sell that way my legal fees will be minimal. I can't imagine a judge allowing him to claim legal fees for discussions about selling the house we've had in the last 5 years
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Old 03-17-2021, 10:09 AM
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So why is it you will agree if he takes you to court but not now? You must know you cant afford it and you cant afford to fight.


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  #18  
Old 03-17-2021, 08:55 PM
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If he takes me to court over it I'll agree to sell that way my legal fees will be minimal. I can't imagine a judge allowing him to claim legal fees for discussions about selling the house we've had in the last 5 years
That will likely work. It is the reason I usually tell people to get the court process started. Nothing really counts until you start making appearances.
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  #19  
Old 03-17-2021, 09:18 PM
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As far as I understand it isn't consider stalling if we aren't in court and are actively negotiating.

If he takes me to court over it I'll agree to sell that way my legal fees will be minimal. I can't imagine a judge allowing him to claim legal fees for discussions about selling the house we've had in the last 5 years
wow he needs to force you to go to court to sell it? Just agree to sell it now and get it over with. You are being unreasonable.
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  #20  
Old 03-18-2021, 06:35 AM
Berner_Faith Berner_Faith is offline
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Why do you care how he pays you as long as its paid? You dont think he should get to choose how he pays you but you think you get to choose? You cant afford the house, stop acting like a spoiled brat and put on big girl panties. Be an adult and make good financial decisions. The sooner you sell the sooner you get your money.

But what youre trying to do is continue to live on his dime as long as you can before actually being forced to sell... a typical want your cake and eat it too...


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