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Janus · #21 10-15-2018, 09:18 AM

Quote:

Originally Posted by menchia

In fact, we have already agreed that we would never go to court in case of disagreement, and in the worst case scenario, we will opt for arbitration.

As a heads up, arbitration is more expensive than court. You still need to pay for lawyers, but now you get to pay for a judge too. The benefit to arbitration is not cost, it is speed and privacy.

Private arbitration judges cost anywhere from $400-$600 per hour or more, and you could easily be looking at 40 hours because you also pay for "thinking time". Don't forget that you still need your lawyer. Arbitration is a game for the wealthy. Better to have the taxpayer funded judge.

Bonus: arbitration awards can be easily appealed, just like court. Actually, it is likely easier to appeal an arbitration ruling than a court ruling, so that adds even more to the potential cost.

TLDR: Unless you are rich and you care for some reason about speed of judgement, use the free judge.

Quote:

I didn't ask for opinion from belligerent and bitter people.

You asked on an open forum. Most of us here are belligerent and bitter

. You want to hear those negative opinions, because you have to start formulating your arguments to counter them.

Quote:

It is clear that you're not impartial to men going through divorce.

I'm generally accused of being anti-woman more than I'm accused of being anti-man on this forum, so as one of the people on "your side" let me tell you, as I have already said, that your attempt to steal the last 10 years of equity growth from your ex wife is likely doomed to failure.

She may have been a useless sludge. but even in clear cases it is tough to get an unequal split of the matrimonial home. Your case, as the saying goes, is clear as mud. You are not getting that unequal split.

arabian · #22 10-15-2018, 09:56 AM

Good points Janus. It is worth noting that Arbitration differs province to province. My divorce was in Alberta and arbitrator was a judge (paid for by tax payers). Arbitration was turned into Order by same judge, in courtroom 1 hour after decision.

Hopefully this poster can come to agreement on consent and avoid court altogether. Might be useful for both he and his wife to complete a mock financial disclosure process that they would have to go through for Arbitration or court by simple printing out and completing the appropriate forms (readily available on internet). In addition, they could have the family accountant prepare financial statement. Equalization would be quite simple with full financial disclosure.

OrleansLawyer · #23 10-15-2018, 10:56 AM

Quote:

We jointly bought a house on 2007

This is the most important point. You both own the house. If she is prepared to sell you her half of the house for a dollar amount you are willing to pay then you can negotiate buying her out. Otherwise, the house will be sold. The presumption is that you will get equal shares because you are equal owners.

Quote:

From the separation date (2008) up to now I paid all house bills (utilities, property tax, home insurance, etc) and all the mortgage
-The wife paid nothing at all
-Both wife and I stayed at the matrimonial home (different quarters). She did not move out of the house all this time, and we still both live in the house now.

You may have a claim for unjust enrichment.

Quote:

In family law, when you buy something for an ex spouse, that is not considered to be support, that is considered to be a gift. You had control of the money, you decided how it was spent (or not spent). Support is money that is unconditional for the recipient.

I would be reluctant to go that far. If OP was paying for STBX expenses, such as the visa bill or car insurance, they can reasonably expect to receive credit for it against a support obligation.

Quote:

In my case since we've been separated since 2008, it seems the time to apply for equalization has expired

Bear in mind, she does not need equalization. She owns half of the house.

menchia · #24 10-15-2018, 06:53 PM

Quote:

Originally Posted by OrleansLawyer

This is the most important point. You both own the house. If she is prepared to sell you her half of the house for a dollar amount you are willing to pay then you can negotiate buying her out. Otherwise, the house will be sold. The presumption is that you will get equal shares because you are equal owners.

You may have a claim for unjust enrichment.

I would be reluctant to go that far. If OP was paying for STBX expenses, such as the visa bill or car insurance, they can reasonably expect to receive credit for it against a support obligation.

Bear in mind, she does not need equalization. She owns half of the house.

Thank you very much OrleansLawer. That's exactly the type of feedback that put things in perspective for me. Your response is solely based on the facts I provided, no extrapolation or reading between the lines. Very helpful and informative indeed.

menchia · #25 10-15-2018, 07:06 PM

Quote:

Originally Posted by Janus

As a heads up, arbitration is more expensive than court. You still need to pay for lawyers, but now you get to pay for a judge too. The benefit to arbitration is not cost, it is speed and privacy.

Private arbitration judges cost anywhere from $400-$600 per hour or more, and you could easily be looking at 40 hours because you also pay for "thinking time". Don't forget that you still need your lawyer. Arbitration is a game for the wealthy. Better to have the taxpayer funded judge.

Bonus: arbitration awards can be easily appealed, just like court. Actually, it is likely easier to appeal an arbitration ruling than a court ruling, so that adds even more to the potential cost.

TLDR: Unless you are rich and you care for some reason about speed of judgement, use the free judge.

You asked on an open forum. Most of us here are belligerent and bitter

. You want to hear those negative opinions, because you have to start formulating your arguments to counter them.

I'm generally accused of being anti-woman more than I'm accused of being anti-man on this forum, so as one of the people on "your side" let me tell you, as I have already said, that your attempt to steal the last 10 years of equity growth from your ex wife is likely doomed to failure.

She may have been a useless sludge. but even in clear cases it is tough to get an unequal split of the matrimonial home. Your case, as the saying goes, is clear as mud. You are not getting that unequal split.

Thank you Janus for the heads up on arbitration. The STBX does not like being in court; I'll forward your message to her.

I do not think most people here are belligerent, at least I do not think you are. From the get go when you posted your replies to my post I knew that you're trying to play the role of the critic to help me sharpen my arguments when I need to. It's all in the "tone" of the written words that intentions are revealed.

menchia · #26 10-15-2018, 07:27 PM

The Family court is a court of law based on facts, and in my opinion is not a court of justice, it is not about what's fair and what's not fair. It is simply laws supported by facts. Therefore, I believe offering sought advice in this great forum to people based entirely on the information s/he provides within the Family Law realm is the best way to help. It is irrelevant what vibe you may feel about a person or what you may think about her/his intentions. By offering advice from your own experience based solely on how the Family Law was applied in your case is priceless to the many souls seeking help here.

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