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  • I made the Choice to leave

    With out making this to long

    Common law 13 years, no Children we bought a house only 2 years ago

    I put part of down payment on Mortgage, my mother also put money down for me he put nothing down

    He makes more money

    I left two months ago and moved in with someone else as a free loader
    I'm still paying my half of Mortgage and a Loan
    I have no extra money in my own pocket since I left because of Mortgage and Loan
    Phone and Hydro in my name he has not paid since I left and I had the name change only in the last few weeks


    The house will not selling at asking price to clear Mortgage and debt
    He is going to take Mortgage and Debt over if and when I sign off
    He was going to pay for both lawyers to remove me from Debt and Mortgage
    He won't give me one of two items that have value, He paid for them but I could regain my part of down payment
    He is not giving me two items that came from my family and I am going to pay for my own lawyer now even though I have no extra money

    we both new Separation agreement was to much money on top of everything else.

    Are we trying to be nice to each other or is he taking me for a ride. Should he be paying for my Lawyer since his lawyer is drawing up the papers I Feel like I should be forceing the sale of the house so I can get something out of it but no money to pay the Debt.

  • #2
    If you are not fighting but simply want a separation agreement, you both need a lawyer and the most fair thing is to split the cost. If his lawyer is writing the agreement, he will be spending more money on his lawyer which is not fair. The main thing is that if you each have a lawyer (which you need to make the agreement binding), you must TELL the lawyer what to do and not the other way around or else you will end up fighting and it will cost more than it is worth. One solution is for the two of you to higher one lawyer to write up an agreement, then simply higher a lawyer each to review it and advise you on it (but you will already like the agreement so no changes should happen at that point), and then sign it and be done with it.

    Split up everything that you acquired while together, which includes the items you talked about. You should get the things that have sentimental value to only you, but you must balance it out in that he should get an equal amount.

    As for the house, he wants it, so you should assign a value to it, either by the two of you, or a professional appraisal, and that is the value. It is simple math, list your all your debts, list all your assests, and split it 50/50. There does not seem to be a benifit to you to 'force' the sale of the house. As for fees such as title transfer, and the hypothetical cost of selling the house (real estate fees), that you can negotiate with what seems fair to the both of you.

    He can't take you for a ride if you simply split debts and assets 50/50. It should be simple math for the most part.
    Last edited by billm; 03-03-2009, 11:16 AM.

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