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Sale of house and custody agreement.....need advice!!

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  • #16
    I think Rioe's suggestion is excellent. I admire the approach in making the other person prove the estimated assets is not correct. Great strategy!

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    • #17
      Originally posted by arabian View Post
      I think Rioe's suggestion is excellent. I admire the approach in making the other person prove the estimated assets is not correct. Great strategy!
      And if it goes to court because the ex complains, you calmly explain that you did the best you could with the information you were given, and had to estimate at the rest. But you know, don't go around inventing assets, of course. Just kind of "inflate" the ones you are aware of. I think of it like imputing an income to someone who won't disclose theirs accurately. You are making an optimistic guess out of your knowledge of typical income for the work they do.

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      • #18
        Rioe - I think it's a brilliant way to get someone to respond, particularly the people we hear daily complaints about... "my ex's lawyer won't respond to my letter" or "my ex won't respond to my offer."

        It probably pisses off the other side so much that it almost forces them to make a move.

        Excellent!

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        • #19
          You mean Form 18 in British Columbia? I looked before for a similar form for Ontario but found nothing. AFAIK in Ontario there is no required form for family court. I think there is one for small claims court.
          A friend taking a 2 year legal assistant course said Rule 18 is "offer to Settle" but there's no form??
          My apologies - Offer to Settle is a Form 0.

          Rule 18 should be revised to ensure you get the desired cost benefits from making an offer.

          Edit for clarity - In any event, the objective is for the paper served to clearly be an offer to settle.

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