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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 03-02-2018, 01:38 PM
abu abu is offline
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Quote:
Originally Posted by rockscan View Post
You may want to do a search on occupational rent in the forum to understand that. You could also do a deep dive in canlii on equalization of assets.

Part of me thinks it is unfair your ex gets the advantage of the increases in property values because she sat for so long on it but the other part of me says you were an idiot for moving out and not forcing the issue.

Im surprised no one else has weighed in. You may want to speak to a lawyer (or two) to see what your numbers will be. Donít expect a big equalization based on current value since you left the residence. You may want to look at value on the date of separation and then split that. No sense trying to fight for the current value since the date of separation was five years ago. You have kissed that amount goodbye.


yep , agree ... but "forcing" the issue would open all cans of worms ...


thanks
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  #12  
Old 03-02-2018, 01:44 PM
standing on the sidelines standing on the sidelines is offline
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i know you are looking for advice but I find that when people are looking for advice they are more likely have made a decision but just want some conformation that it is the right one.

What direction are you leaning towards.

by the way forcing the issue may have opened a can of worms but all you have done is delayed the opening till now.
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  #13  
Old 03-02-2018, 01:46 PM
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[QUOTE=rockscan;227049]You may want to do a search on occupational rent in the forum to understand that. You could also do a deep dive in canlii on equalization of assets.

Part of me thinks it is unfair your ex gets the advantage of the increases in property values because she sat for so long on it but the other part of me says you were an idiot for moving out and not forcing the issue.

Im surprised no one else has weighed in. You may want to speak to a lawyer (or two) to see what your numbers will be. Donít expect a big equalization based on current value since you left the residence. You may want to look at value on the date of separation and then split that. No sense trying to fight for the current value since the date of separation was five years ago. You have kissed that amount goodbye.[/QUOTE]

the poster did say if the condo was sold back then they would have lost money.
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  #14  
Old 03-02-2018, 01:54 PM
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Quote:
Originally Posted by standing on the sidelines View Post
i know you are looking for advice but I find that when people are looking for advice they are more likely have made a decision but just want some conformation that it is the right one.

What direction are you leaning towards.

by the way forcing the issue may have opened a can of worms but all you have done is delayed the opening till now.


agree , but now the kids are bigger and they had a 5years of "stability" (that it seams I am paying for it) if "something happens" now it will not affect them as much as it would before ...
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  #15  
Old 03-02-2018, 02:07 PM
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[QUOTE=standing on the sidelines;227052]
Quote:
Originally Posted by rockscan View Post
You may want to do a search on occupational rent in the forum to understand that. You could also do a deep dive in canlii on equalization of assets.

Part of me thinks it is unfair your ex gets the advantage of the increases in property values because she sat for so long on it but the other part of me says you were an idiot for moving out and not forcing the issue.

Im surprised no one else has weighed in. You may want to speak to a lawyer (or two) to see what your numbers will be. Donít expect a big equalization based on current value since you left the residence. You may want to look at value on the date of separation and then split that. No sense trying to fight for the current value since the date of separation was five years ago. You have kissed that amount goodbye.[/QUOTE]

the poster did say if the condo was sold back then they would have lost money.


yes , if we sold back then in the rush it could be very close to zero or negative (the selling fees would eat any profit made during those couple years)
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  #16  
Old 03-02-2018, 02:08 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by abu View Post
agree , but now the kids are bigger and they had a 5years of "stability" if "something happens" now it will not affect them as much as it would before ...
were you just waiting till now so you had some status quo with the 50/50? Were you worried that if you forced the sale of the house 6 months after separation that she would have said the deal was off and fought you?

I am just trying to figure out what your thinking was.
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  #17  
Old 03-02-2018, 02:12 PM
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Quote:
Originally Posted by standing on the sidelines View Post
i know you are looking for advice but I find that when people are looking for advice they are more likely have made a decision but just want some conformation that it is the right one.

What direction are you leaning towards.

by the way forcing the issue may have opened a can of worms but all you have done is delayed the opening till now.


honestly I did not make any decision , and I have a mixed feeling about it
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  #18  
Old 03-02-2018, 02:23 PM
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Quote:
Originally Posted by standing on the sidelines View Post
were you just waiting till now so you had some status quo with the 50/50? Were you worried that if you forced the sale of the house 6 months after separation that she would have said the deal was off and fought you?

I am just trying to figure out what your thinking was.


in part , also didn't want to "fight" because the stress to kids ... it was their home (stress for them of loosing it , with all the "poo" going around) ... and some other things ...
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  #19  
Old 03-03-2018, 08:13 AM
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You are entitled to equalization of the property at your seperation date, regardless of how long it has been.

Claim for occupational rent needs to be made within a reasonable time frame, case law sets that at 3 to 6 months. At most, you could ask for interest on your portion of the ewualization.
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  #20  
Old 03-03-2018, 10:31 AM
denbigh denbigh is offline
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What happens if you settle all the financial details a 6-18 months after separation (which I think is a reasonalbe time frame) and there have been big swings in real estate values higher or lower, do you still use the date of separation? It would seem unfair to one party or the other, either making one party take a big loss or a big gain, instead of sharing that loss or gain equally when it is still wihtin a reasonable amount of time to settle.
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