Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Closed Thread
 
Thread Tools
  #1  
Old 04-22-2021, 04:45 PM
canthisberight canthisberight is offline
Member
 
Join Date: Sep 2018
Posts: 95
canthisberight is on a distinguished road
Default Any opinion...

House was valued in spring of 2019, but due to both sides procrastinating nothing happened...then covid hit....now here we are, real estate has gone up 35% in the area.
Coming into the first actual court date...her side offered less then half of the evaluation. His side has asked for new evaluation.
Her lawyer is acting in bad faith, costing her money.
The way it was written back was that she can sell....she thinks the offer is fair...wonder what she would say if he counter offers..at let me pay that price.

3 weeks til court
  #2  
Old 04-22-2021, 04:54 PM
Kkc Kkc is offline
Senior Member
 
Join Date: Dec 2018
Posts: 128
Kkc is on a distinguished road
Default

not very clear on why she can sell?
is she living in the house?

what is date of separation?
who will be paying support?

if the wife will be the recipient and buys out the house for 2019 value but then sells it today and makes a profit that does contribute towards her self sufficiency
  #3  
Old 04-22-2021, 05:03 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,873
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Does she actually want to sell or is she doing this to reduce his equalization?

His lawyer can requests comps from the real estate board to prove the value is higher.


Sent from my iPhone using Tapatalk
  #4  
Old 04-22-2021, 07:11 PM
canthisberight canthisberight is offline
Member
 
Join Date: Sep 2018
Posts: 95
canthisberight is on a distinguished road
Default

Quote:
Originally Posted by Kkc View Post
not very clear on why she can sell?
is she living in the house?

what is date of separation?
who will be paying support?

if the wife will be the recipient and buys out the house for 2019 value but then sells it today and makes a profit that does contribute towards her self sufficiency
She is living in the house, wants to buy his half
Seperation date: May 2018, he lived there until June 2019, during the week...
Dec 2020, she was granted exclusive possession til next court which was March 2020 the courts closed due to covid
He is paying support
  #5  
Old 04-22-2021, 07:12 PM
canthisberight canthisberight is offline
Member
 
Join Date: Sep 2018
Posts: 95
canthisberight is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
Does she actually want to sell or is she doing this to reduce his equalization?

His lawyer can requests comps from the real estate board to prove the value is higher.


Sent from my iPhone using Tapatalk
She wants to stay in the house. Has offered him 30% value...and 500$ a month
  #6  
Old 04-22-2021, 09:46 PM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,631
Janus will become famous soon enoughJanus will become famous soon enough
Default

Quote:
Originally Posted by canthisberight View Post
Coming into the first actual court date...her side offered less then half of the evaluation. His side has asked for new evaluation.
Just sell the house. Then you do not have to worry about evaluation, because the market will evaluate it for you.

Quote:
Her lawyer is acting in bad faith
I think you have confused the terms "bad faith" and "Ex's lawyer is not supporting my position". If you think that an ex's lawyer is being fair, then they are probably not doing their job.


Quote:
costing her money.
I'm not quite sure why that is your problem.

Quote:
The way it was written back was that she can sell....she thinks the offer is fair...wonder what she would say if he counter offers..at let me pay that price.
This sentence is so confusing. If she is allowed to sell the house, then let her sell the house. If she wants to buy it at a low price, you can just say no and sell the house anyway.

Quote:
3 weeks til court
A judge will order the house sold, and the market is unlikely to crash before then, so all is good.
  #7  
Old 04-23-2021, 07:29 AM
canthisberight canthisberight is offline
Member
 
Join Date: Sep 2018
Posts: 95
canthisberight is on a distinguished road
Default

A judge will order the house sold, and the market is unlikely to crash before then, so all is good.

Thanks Janus, as they are so far apart, I believe this is what will happen
  #8  
Old 05-17-2021, 07:34 AM
canthisberight canthisberight is offline
Member
 
Join Date: Sep 2018
Posts: 95
canthisberight is on a distinguished road
Default Keeping in same thread for clarity...but

Friday was the last ditch zoom court meeting to prevent a trial.

House re evaluated, 90000$ more..there offer was 27% of house value...plus 500 payable monthly to ex.
During the call with the judge his lawyer, (my partners) didnt have the settlement offer in front of him and didnt even know the $$$ amounts...and mentioned he felt that 675 per month was fair thru some complicated figures, having to due with part of her pension going which way...way too confusing.

Afterwards we discussed the call...and he apologized profusely for mentioning the higher figure.
The kicker...and this never occured to us til 3 am and will clarify today..partner is on full work disability, pays no tax...so when his lawyer mentioned the tax write off on support..saying even if he paid 175 more per month its a write off....my belief is if you arent paying tax, that is not worth anything.

This lawyer should have retired, he does not have his shit together at all...and its way too late to start over. If an agreement isnt made this month, court will happen and the judge warned them...or her..as she isnt willing to discuss..that the house will be ordered sold, and the court costs will eat away at whatever they would get by settling before.

Any comments appreciated
  #9  
Old 05-17-2021, 07:50 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,873
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

If she didnt accept the offer then it doesnt matter. Plus he does pay tax on disability via the calculations at tax time. The support amounts reduce his taxable income.


Sent from my iPhone using Tapatalk
  #10  
Old 05-17-2021, 08:35 AM
canthisberight canthisberight is offline
Member
 
Join Date: Sep 2018
Posts: 95
canthisberight is on a distinguished road
Default

Just clarifying Rockscan..he pays no tax and wknt be issued a t4 slip.???..I hope you are right.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
My Opinion on the Irony of Spousal Support Ontario_Dad_41162 Divorce & Family Law 9 11-24-2013 07:03 PM
opinion needed please sens19 Financial Issues 4 08-31-2011 02:44 PM
Opinion on an issue Gord Shell Divorce & Family Law 13 01-31-2010 12:31 AM
SS: Second wife's opinion, change the law Albatross Financial Issues 8 08-02-2009 08:48 AM
Opinion please Aden Parenting Issues 5 11-24-2005 10:46 AM


All times are GMT -4. The time now is 01:42 PM.