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

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  #1  
Old 03-15-2021, 06:03 PM
trueblue22 trueblue22 is offline
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Default Sale of matrimonial home

Would this be considered an "urgent" issue? If my ex husband were to bring it to court to request the house be sold how long would it take to be heard?
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Old 03-15-2021, 06:07 PM
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Would this be considered an "urgent" issue? If my ex husband were to bring it to court to request the house be sold how long would it take to be heard?
If he was experiencing a financial hardship, has made numerous requests to settle the matter of the matrimonial property, has no use of the property, is not getting occupational rent from you for the property and the topic has been canvassed at previous conferences. Probably could be considered urgent. It depends how the opposing side presents the "need" for "urgency" in resolving the matter.

Find a rental property and sell the house. Squatting is a really bad idea in family court. You will eat costs probably and may have to pay occupational rent if you are unreasonable.
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Old 03-15-2021, 10:24 PM
Helpmyspouse Helpmyspouse is offline
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Tayken gave great advice. Those were all the reasons why I won my motion.
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Old 03-15-2021, 11:05 PM
trueblue22 trueblue22 is offline
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Originally Posted by Tayken View Post
If he was experiencing a financial hardship, has made numerous requests to settle the matter of the matrimonial property, has no use of the property, is not getting occupational rent from you for the property and the topic has been canvassed at previous conferences. Probably could be considered urgent. It depends how the opposing side presents the "need" for "urgency" in resolving the matter.

Find a rental property and sell the house. Squatting is a really bad idea in family court. You will eat costs probably and may have to pay occupational rent if you are unreasonable.
He is not experiencing financial hardship. From what I understand he is not allowed to get a new mortgage because he's responsible for the mortgage on the matrimonial home. He has easily spent 400k renting in the last 5 years without the ability to build up home equity. He is not had use or access to the property for years but has continued to pay for repairs and expenses associated with it. We have never had any "conferences". Just discussions between lawyers and a mediator.
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Old 03-15-2021, 11:15 PM
trueblue22 trueblue22 is offline
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Originally Posted by Helpmyspouse View Post
Tayken gave great advice. Those were all the reasons why I won my motion.
I still have difficulty understanding the concept of occupation rent.

The matrimonial home is in his name so he will get the increase in value from date of separation until the date it's sold. The increase in the value of the home is easily 300 to 400k. I will be arguing for a trust claim.

Please correct me if my assumptions are wrong.

Scenario 1

I succeed my trust claim and get the post separation increase value of the home. But since I didn't pay any mortgage payments or expenses he will argue I owe him for occupation (which is 50% of market value) rent for the last 5 years. I will also argue he owes me retroactive spousal and child support. But since he has been paying to rent his own place, can this be used against me since I am the one that locked him out of the house in the first place?

Scenario 2

I do not succeed in my trust claim and he gets the full increase in the value of the home. I will argue he owes me retroactive spousal and child support but he will argue I owe him occupation rent (being 50% of market value). Does he get 50% value of the credit for paying expenses and repairs or 100% of the credit? What about the tax consequences because he hasn't' been able to claim any of his support as spousal support. My concern is that he will be able to successfully argue that I should be responsible for 50% of his rental expenses from the day I locked him out as well as 50% of occupation rent.
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Old 03-16-2021, 07:35 AM
canthisberight canthisberight is offline
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Default How did you lock him out?

Opposite side of things...my partner's ex was given exclusive possession of the house...for two month,...and due to covid nothing has settled. She has never paid a cent while he rents..just curious
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Old 03-16-2021, 10:05 AM
trueblue22 trueblue22 is offline
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Opposite side of things...my partner's ex was given exclusive possession of the house...for two month,...and due to covid nothing has settled. She has never paid a cent while he rents..just curious
I changed the locks and security codes to the house about a week after he left. He kept trying to visit the kids I left with the nanny while I wasn't around.
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Old 03-16-2021, 10:38 AM
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I changed the locks and security codes to the house about a week after he left. He kept trying to visit the kids I left with the nanny while I wasn't around.
Why was that a concern?
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Old 03-16-2021, 01:03 PM
trueblue22 trueblue22 is offline
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Why was that a concern?
He left me without any notice. I didn't want him coming and going as he pleased especially when I wasn't around.
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Old 03-16-2021, 03:23 PM
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He left me without any notice. I didn't want him coming and going as he pleased especially when I wasn't around.
Wow. Just wow. I don't even know where to start with this one. Off to you @Janus.
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