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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-20-2010, 11:57 PM
kdham1964 kdham1964 is offline
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A few weeks ago I posted a thread based on my fiance's ex asking for support and equalization. He's seen a lawyer and we'xw found out hat spaousal supprt is statute barred after 2 years of separation (she's been gone for almost 6). As well, she asked for equalization. His lawyer expalined this as follows:

Amount house would have sold for at time of separation - commissions and lawyers fees - existing mortgage - debts (in his case, backtaxes, line of credit and Visa); then divide this amount by 2. By these calculations, the lawyer feels she has already been overpaid.

As well, she must give legal grounds for setting aside the separation agreement, which she has not done. Saying that you feel it was unfair is NOT legal grounds....

His case management conference is scheduled fot July 27; after that I hope he can relax. On the good news front, my divorce is final on July 25, the day before my 24th wedding anniversary!
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Old 07-21-2010, 12:30 AM
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Rioe Rioe is offline
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That will be a nice feeling of freedom for that day. I found my first "dead" anniversary to be a rough time and I really hope all can be finished for me before the next one. Let's hope the rest of the week goes well for you two, too!
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Old 07-21-2010, 10:31 AM
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kd, that is good news. My understanding is that after divorce, once 2 years have gone by you cannot equalize assets anyway (unless the process has begun and dragged on). Once an equalization agreement has been signed, it cannot be reopened unless one party was submitting fraudulent financial info.

If equalization was not done, and her name was on the title of the house, then despite any amount of time going by, she would still be part owner. I'm not sure if this applies to you, but if your fiance did not take her name off of the title at the time, then he might be paying for his error. That said, if she has already been paid it is a tough argument for her to be paid twice. This would not even be a family law matter to my understanding, it would be a civil law matter similar to a business partnership.

Anyway good luck, keep us posted!
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Old 07-21-2010, 11:45 AM
kdham1964 kdham1964 is offline
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I think you'll find that it gets easier with time. My divorce is 19 years overdue, and there are no hard feelings on either side. But I understand how fresh the wound is for you. Look at this as a chance to start over...my hope is that you will eventually see this as a new beginning!
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Old 07-21-2010, 11:53 AM
kdham1964 kdham1964 is offline
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Dear Mess:

Fortunately, my fiance did everything right. Got a great lawyer, drew up a FANTASTIC SA, and transferred ownership of the property to his name only. At his lawyer's insistance, he even paid for her to talk to a lawyer.

Based on what the house would have sold for when she left, minus the outstanding mortgage, commissions and lawyer feesfor the sale, and outstanding debts, his lawyer figures that she has already been overpaid. If the judge grants costs (ie. lawyer fees) , she owes him money! (We're not expecting this, since she has no income).

Will let you know after the case management conference on Tuesday (might not post until Wednesday, if we are celebrating!)
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Old 07-21-2010, 12:11 PM
kdham1964 kdham1964 is offline
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Should also mention that the ex has not submitted a financial statement, even though she is asking for financial support. If you want money, you have to prove that you deserve it!
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