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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 07-25-2006, 08:04 PM
Pablo Pablo is offline
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Default Loosing my early inheritance....HELP

HISTORY:
My parents, me and my family built 2 semi-detached houses approximately 24 years ago on the only remaining piece of land that belonged to my grandfather.

PURCHASE DETAILS:
My sister and I both purchased a house from my parents at a price well below market value (less than 50%). These 2 houses are semi-detached and are part of one dwelling so the mortgage could not be separated. We also had a verbal agreement between ourselves in the event that one would want to sell its side of the property, first and second rights of refusals were agreed upon at a fixed (below market value) price. We also had an agreement with my parents that each of us would be paying $250.00mth each side ($500.00mth total) for an undetermined amount of time (maximum actual value at time of sale). At the time of purchase, only my name and sister's name was on the deed. My parents had a prenuptial purchase agreement (for my side of the house) drafted by lawyers for my ex-wife that indicated an early inheritance for me and my sister in case of separation with my wife. After our first initial mortgage term of 5 years, my sister decided to sell her half of the property to me. Since I had first right of purchase at a fixed price (below market value) my sister hesitated to sell since she had invested allot of money on her side (ie. A/C - Pool - Hardwood floors - etc...) so I didn't mind paying a little more cause it was still way below market value. Since I travel quite frequently (40%) abroad, I ended up putting my wife's name on the deed.

SEPERATION
Four months after the purchase of the second property (sister's side), while I was traveling, my wife (at the time) said that she was leaving me for another man (sound familiar guys?)... I immediately came home the next day since there were no more flights that night and eventually discussed the separation details with my ex. We had verbally agreed to the assets and matrimonial home 2 weeks after the separation as originally agreed in the "PURCHASE DETAILS" above (with the exception that I would pay her a sum $20,000.00). I drafted up a separation agreement which she kept for 3 days to review and make changes. After the third day of having released the draft agreement, I got upset cause I wanted to move on (since she enjoyed torturing me) and convinced her to come over in her vehicle (living at a friends house) to modify and sign the agreement. When she got here, we mutually modified the agreement and I had one of our tenants (who didn't know the situation) witness the signature.

COURTS
Now my ex-wife is taking me to court for half of the property plus spousal support of $1,200.00mth. She denies any agreements that we had at time of purchase and is constantly lying to her lawyer about the family agreements. We had a joint bank account which ($250.00mth) was sent to my parents, and still she denies knowing anything about it. I also believe that she has walked away with the only copy of prenuptial agreement that she had signed so I'm only left with an un-signed draft copy that was stored in our shared filing cabinet. She is claiming duress and other bogus allegations.

FIRST CASE CONFERENCE
Went to my first case conference a while back and this wasn't too pleasant. I really felt like I was the victim here and that I was such a bad person for not giving my ex-wife any money when she left the matrimonial home and decided to rent an apartment then decided to go on sick leave without pay or benefits from her employment (cause she was in a depression?). She was seen by my daughter at a local pub/restaurant and joyfully asked my daughter if she wanted to go to a bar to dance.

After the first case conference, my ex-wife decided that she wanted to cancel the lawyers and accept the original agreement. She sent an email to her lawyer indicating to cancel all court proceeding and explained that she wanted to resolve these ourselves.

She asked me if we could go see a mediator to have the original separation agreement validated. After a $300.00 mediator cession, we were no more advanced than before and decided to cancel the mediation. So we agreed that I would go to the bank since the lawyers were cancelled and get the $20,000.00 that I agreed in the separation agreement.

Meanwhile, she has now moved in with her new boyfriend and asked if she could come and pick up more items at the house for her new house. I agreed and wanted to keep it amicable.

Since then, I received another invoice from my lawyers which I eventually found out that the courts were never cancelled and were only postponed at a later date. When I confronted her with this, she tried saying that this was only a backup plan in case I didn’t pay up. I did managed to get approved by the bank but never told her cause I found out the lawyers were never cancelled before I knew I was approved by the bank. Ever since then she has been ignoring my emails and voice mails. I am now going to courts again August 17th ….

QUESTION
The Judge said that I have approximately 5% chance of my separation agreement to stand in courts cause she did not consult a lawyer prior to signing it. How can she get away with lying about the family agreements if we have been paying my parents for the past 5years 4 months a sum of $250.00 when we owned one side and $500.00 when we purchased my sisters side way below market value.
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