Announcement

Collapse
No announcement yet.

ARGH!! What next?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • ARGH!! What next?

    Hello all...
    Ok, here's my situation in a nutshell.
    I've been representing myself to finalize my divorce and 'other pending issues'. I started out with a lawyer but found that the money I would be paying out would be crazy..blah blah..same as most people on this forum I'm sure...so
    Been seperated 3 years (had a SA drawn up that didn't end up being legal because it wasn't witnessed)
    Aside from being divorced, one of the other issues to be resolved was equalization and what to do with the marital home.
    I reside in the marital home however, my name is no where on the deed or the mortgage ( a control issue obviously). He lives in another home that we had purchased while still married. Two children live with me, one with him. On 3 seperate occasions I tried to resolve the house issue. 1. offered to give him post dated checks for the mortgage until such a time as I could get a mortgage in my own name...denied 2. offered to sell the house (with his signature obviously) but I would do all the legwork with the real estate agent etc... he signed the papers with the agent. Not two weeks later he called the agent to have the home removed from the listings. ( can only speculate why so I won't) 3. Went to a case conference on May 31 where the judge made temp. orders. She had asked me if I would consider taking over the home in lieu of spousal support. The equity in the home (based on his financial statement) amounted to approx. $25,000 so I agreed. Made up an offer to settle and 3 weeks later it was accepted..however! (this is where I get confused as to what I do next)....there were no numbers in the minutes of settlement. I requested definitive (or as close as possible) dollar amounts on the amount owing on the house just to cover my own rear and boy, I'm glad I did....turns out he has liens on the marital home amounting to what the house is worth (market value). To me , that means that had I have signed the minutes and agreed without dollar amounts that I would be out what the supposed 'settlement' for spousal support would be?
    So, not only am I back to square one with the house/spousal support, I believe I have other issues. How can he go ahead and get loans out based on the equity of a marital home (which I've been maintaining and upgrading) without my consent??? I realize I'm not on the deed/mortgage but it is still a marital home and I am entitled to a portion of it at least. I'm just wondering if anyone has any idea what I'm supposed to do now? How do I proceed aside from requesting monthly spousal support or a lump sum settlement?
    BTW- the equalization amounted to neither of us owing the other anything. Which, I just got tired of fighting for. I was entirely honest in my financial statements and he wasn't. So really the only issue is the marital home/s.
    Please help!

  • #2
    Originally posted by Dawnenewday View Post
    Hello all...
    Ok, here's my situation in a nutshell.
    I've been representing myself to finalize my divorce and 'other pending issues'. I started out with a lawyer but found that the money I would be paying out would be crazy..blah blah..same as most people on this forum I'm sure...so
    Been seperated 3 years (had a SA drawn up that didn't end up being legal because it wasn't witnessed)
    Aside from being divorced, one of the other issues to be resolved was equalization and what to do with the marital home.
    I reside in the marital home however, my name is no where on the deed or the mortgage ( a control issue obviously). He lives in another home that we had purchased while still married. Two children live with me, one with him. On 3 seperate occasions I tried to resolve the house issue. 1. offered to give him post dated checks for the mortgage until such a time as I could get a mortgage in my own name...denied 2. offered to sell the house (with his signature obviously) but I would do all the legwork with the real estate agent etc... he signed the papers with the agent. Not two weeks later he called the agent to have the home removed from the listings. ( can only speculate why so I won't) 3. Went to a case conference on May 31 where the judge made temp. orders. She had asked me if I would consider taking over the home in lieu of spousal support. The equity in the home (based on his financial statement) amounted to approx. $25,000 so I agreed. Made up an offer to settle and 3 weeks later it was accepted..however! (this is where I get confused as to what I do next)....there were no numbers in the minutes of settlement. I requested definitive (or as close as possible) dollar amounts on the amount owing on the house just to cover my own rear and boy, I'm glad I did....turns out he has liens on the marital home amounting to what the house is worth (market value). To me , that means that had I have signed the minutes and agreed without dollar amounts that I would be out what the supposed 'settlement' for spousal support would be?
    So, not only am I back to square one with the house/spousal support, I believe I have other issues. How can he go ahead and get loans out based on the equity of a marital home (which I've been maintaining and upgrading) without my consent??? I realize I'm not on the deed/mortgage but it is still a marital home and I am entitled to a portion of it at least. I'm just wondering if anyone has any idea what I'm supposed to do now? How do I proceed aside from requesting monthly spousal support or a lump sum settlement?
    BTW- the equalization amounted to neither of us owing the other anything. Which, I just got tired of fighting for. I was entirely honest in my financial statements and he wasn't. So really the only issue is the marital home/s.
    Please help!
    I don't know really. If they are refinancing the marital home because it is in one spouses name--How can you prevent this from happening -- Difficult to stop.

    However, as part of the process, I believe a declaration has to be signed at the bank to claim that the individual is not married and the respective home which is being refinanced is indeed NOT a marital home as part of the process Check with the bank. You might need a court order to get disclosure if the document is not volunteered.

    Comment


    • #3
      I agree with LV completely.
      I think it’s time to take it back to court.

      I would think that because your minutes clearly indicate, (as close as possible) what each party was entitled to and you in respect to SS etc, that he basically has gone against a court order (so to say by using it to gain funds if he did this after the minutes), OR he committed fraud when disclosing the amounts owed etc on his statement to the court which he signed as true if this was prior to the minutes.

      Either way he doesn't seem to be in good shape, and you should have no difficulty showing things to the court for them to amend the minutes of the settlement to account for the lien (which I would think would be his full responsibility).

      How he managed this is no longer on the table, now you need to take it and resolve it as soon as possible.

      Comment


      • #4
        Yes, I figured it would all have to go back to court...just infuriating because he's been wasting all my time, and disregarding any efforts to settle everything. Now I really know why! The weird thing is on May 31, 2008 is when the judge made the temp order and when I got actual confirmation from his lawyer about what was owing on the home I found out that the 'transaction' took place in April 2008. So, he KNEW going into the courtroom that day that there was more money owing on the home than what was stated in his financial statements. I guess that means fraud.
        My next step is to retain a lawyer. I'm also going to request compensation for time lost from work, expenditures and also any legal costs I've already paid. Thank you all for the confirmation!!!

        Comment


        • #5
          I would most certainly include your costs with the lawyer’s costs.
          Generally the courts view legal costs, but if you can show the stall tactics he has played, (sometimes that's not easy), you may win you costs as well.

          Comment


          • #6
            The legal costs I have incurred are I believe well documented. The hard part I think will be 'proving' time lost at work. Perhaps only a portion of it would be allowed? I'll find that out soon enough I suppose. The stalling tactics he's been using are all in legal documents signed by him... I'm pretty sure if it's black and white to me that he knowingly mis-led the courts (and me) then it should be easy enough to win that portion of it too?
            Thanks so much for your time!! I certainly appreciate it!

            Comment


            • #7
              Hi Dawnenewday

              Sorry about your situation, I am not sure on this (check with the forum) but I definitely think you have a claim for unjust enrichment.

              Thus, there are said to be three conditions which must be met before you can get a court to force reimbursement or compensation based on unjust enrichment: (1) an actual enrichment or benefit to the defendant, (2) a corresponding deprivation to the plaintiff, and (3) the absence of a legal reason for the defendant’s enrichment. Seward v Seward:

              I believe you meet the criteria. Keep all receipts out of pocket expenses in re to the house, plus the court order and proof of re-financing by the other party.

              Good luck,
              Been there and Mcbroke
              but better now...

              Comment


              • #8
                Hi Mcbroke..love the name...I do keep absolutely everything pertaining to this situation...including the parking price ticket at the courthouse...been there a few unneccesary times!! I realize there are some legitimate expenses too but I'll submit it all.
                It's nice to know that there's actually a legal term for what the slimeball did and I'll surely look into that too.
                I love this forum!! So many great people wanting to share experiences and knowledge.

                Comment


                • #9
                  Dawnenewday

                  I'm not sure if this would work in your case again ask the forum but... to save money and the time of the court in any trial I sent off a Form 20 entitled Request to Admit if you are from Ontario. I asked only questions that I had proof for and was very careful of the phrasing.
                  Read up on this, since you are self represented. He has to respond in a period of time or he admits that all the statements are true. It saved me time in court and allowed me to focus on other things when it cam time to go to court. Careful when preparing though make sure the questions/statements are relevant otherwise it could come back to haunt you if you decide to go this route.
                  You can do a search of his property for about 8-9 dollars if you know the address in case a judgement is found in your favour and you have to place a writ on his property.

                  On a brighter note..
                  You are right, I owe a lot to this forum...thanks to all of you especially LogicalVelocity who was there at the worst of times and the forum administrators for their help and the creator of a fantastic concept.


                  Take care,
                  Mcbroke

                  Comment


                  • #10
                    Thanks! I am no longer going to try and self represent. Seems what really needs to be done requires a lawyer...but that's ok because I'll request he pay for that too since it's a stall tactic on his part. Plus, mis-information in the courts I'm sure is frowned upon by them so I have an extra leg to stand on. The property in question is the marital home (one of them) that I currently reside in.
                    Thanks for all the info on what to request from whomever I use as a lawyer!!

                    Comment

                    Our Divorce Forums
                    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                    Working...
                    X