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Simple question: can you keep the matrimonial home? Yes or No

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  • #31
    Originally posted by mafia007 View Post
    That's why I am asking. She was suppose to get approved by the bank to remortgage under her own and buy me out. Instead, I think she only got approved for the remaining of the loan and now they are asking me to sign the acknowledgment and direction for draft transfer in order to have the loan transfer in her name and to remove mine. It's obvious to me that she got approved only for the balance and not for the balance and my share of the equity. I am not signing until they can prove that I'll get my share of the equity.
    they way it sounds you do not have a court order to do this. Did you at any time agree to do it they way they wanted?

    I agree with the other posters, based on what you wrote here (and you didn't agree to do it her way) you have nothing to worry about. I would send a letter back stating if she isn't prepared to pay the proper amount to you for the house that you will apply to the court to have the house immediately listed for sale to dispose of that asset.

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    • #32
      Note: Contempt is a quasi-criminal action and the burden of proof is "beyond reasonable doubt". In addition, it is about money and contempt is not an option by the rules.

      Threatening contempt is common. Filing a motion for contempt on an order is rare. People often file the paperwork but, never follow through. They require a trial for resolution.

      Contempt is only rarely used to resolve access issues. Not money related issues. You can't be in "contempt" for not paying SS or CS as an example.

      They can bring a motion to get a more detailed order. But, as Janus pointed out... Their dime, their time.

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      • #33
        Received as a heads-up, Form 14: Notice of Motion but not officially served and filed as it is not yet signed by his client, my STBX.

        On it, they request 1- to found me in contempt of the order 2- to have the title of the matrimonial home transferred to her without my signature 3- that a cost sanction be imposed 4- costs 5- other relief the Court may deem just.

        Bla bla bla, they knew from the beginning I was asking for my share of the equity, they knew before the motion that I was to ask before the Justice that the house be sold so I could get my share, they knew that at the moment where she would be approved by the bank, in transferring the title, the funds should also been transferred.

        They can bring a contempt, I will challenge that the agreement was ambiguous and a motion to clarify should be addressed.

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        • #34
          I don't see any ambiguity. She was to provide proof of approval from the bank stating that she qualified for the fukl amount of the mortgage to buy you out. Once she does that then you sign the house over to her at the same time that the bank receives the direction to transfer the equity funds to you.

          She hasn't done that therefore the house should be listed.

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          • #35
            She only got approved for the balance of the loan and now she wants me to transfer the title. I know this because her lawyer state that there will be no share of the equity until the equalization process, and the confirmation of the approval do not indicate any amounts whatsoever. The share of the equity of the house was never discussed specifically, only the "transfer" of the home. A transfer is indeed, transfer of the title vs transfer of the funds. A transaction of an asset always work both ways not only one way. It is then ambiguous.

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            • #36
              What is the exact wording?

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              • #37
                Also, you mentioned she is self employed and runs a home daycare. I can't see how she got approved for a mortgage, unless she has a very substantial downpayment?

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                • #38
                  Originally posted by blinkandimgone View Post
                  What is the exact wording?
                  I PM you on this.

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                  • #39
                    Originally posted by blinkandimgone View Post
                    Also, you mentioned she is self employed and runs a home daycare. I can't see how she got approved for a mortgage, unless she has a very substantial downpayment?
                    This is why she won't disclose any of her financial statement pertaining to the loan she was approved. I need this for the purpose of imputing income to her and I needed to make sure she was approved for an amount that includes my share of the equity. Now I am sure she got approved only for the balance of the mortgage. The bank must have retained the CS and RCA credits. She gets the full allowances for 3 kids as she lower her income with all the home expenses.

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                    • #40
                      Tayken was probably right on this one. After all the threatening, I never been served officially with a notice of contempt motion. It is now too late before the motion tomorrow.

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                      • #41
                        Motion schedule is usually posted the day before. Check online to see if yours is listed for tomorrow.

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                        • #42
                          Originally posted by blinkandimgone View Post
                          Motion schedule is usually posted the day before. Check online to see if yours is listed for tomorrow.
                          It is scheduled for tomorrow for sure. But she was suppose to serve and file a notice for contempt of order for that same motion and she did not.

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                          • #43
                            Originally posted by mafia007 View Post
                            It is scheduled for tomorrow for sure. But she was suppose to serve and file a notice for contempt of order for that same motion and she did not.
                            Maybe she came to her senses or the filing was rejected. There are all sorts of service rules for contempt. Were you personally served the contempt notice? If not, they can't proceed without the affidavit of service that it happened.

                            They actually have to serve you in person (not your lawyer) the documents.

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                            • #44
                              I wasn't served in person but got a Notice of Motion as a heads up on what they were going to argue but was not signed by my ex and wasn't the right form to use anyway. I ignored it as it was not official.

                              Today, the Justice advised both lawyers that she was scheduled only to address the access issue. She also noticed that the wrong form was used to address the contempt of order and that it wasn't served and filed by the party properly. Most importantly... it wasn't signed so how could this be brought before the Court? She apparently told my ex's lawyer to "Not even mention the word Contempt Today!"

                              This issue is still outstanding for the moment.

                              Comment


                              • #45
                                Update concerning this issue.

                                On her SC Brief, my STBX is asking for an order to transfer the deeds of the property to her name without my consent.

                                On my brief, I am asking for sale and partition of the house and division of the equity immediately.

                                Comment

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