geesh i hate snags

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standing on the sidelines

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well soon to be ex and I are having a slight disagreement and figured I would seek some advice.

First he still has key to house, has stuff like clothes etc here and comes in everyday when I am at work. He has not spent the night here since June 28th. We have a written agreement that he will pay me 750 for half the discharge fees for the mortgage. I figured out how much it is for a daily rate for the property taxes and mortgage. He feels that he should not have to pay for two places (he is living with new gf) and he will deduct any money he gives me from the 750. I told him that he is here everyday eating and shaving (leaves a mess in the bathroom) so he still has to pay. He wrote me a check for 160 to cover the month so far. I do not want to cash it because of what he said he was going to do.

Am I being fair to make him pay a daily rate until he moves all his stuff out and gives me his key??? Now he is saying that because I wanted him out that he will deduct the cost of the truck for moving from the 750 also.
 
When I left my X I continued to pay for the mortgage and taxes and house insurance for 6 months and he never paid a cent except for his own expenses, the phone and lights and gas. I took off all the bells and whistles from the phone (just basic) gas is controlled and so are the lights. My lawyer is going after him for half the expenses but deducting what his costs were regarding gas and lights. He told his lawyer and in turn told my lawyer that if I did that he would go after me for spousal support for Dec, Jan, Feb, March, April, May, June or until the ss is settled. He lived in the house not me. The house closed on June 30 and have not heard anything to date as of yet.
 
Sounds somewhat petty on both your parts (no offence). Each of you has an equal right to possession of the matrimonial home. It sounds like you have remortgaged or sold the property in just your name. Hence, you have a mortgage, and he is still on title? Common sence would say that you now have to support two homes instead of one even if he has moved in with the GF.

It sounds like each of you is going through the Net Family Property stage. Get it worked out; house valued, etc. Upon application you can go for exclusive possession of the matrimonial home until all is resolved.

Regarding SS.. only 20 percent is ordered, and there is software that lawyers use. When going for SS, it is not "law" like CS is. In essence, he would be sueing you for it.

I've had my ex claim all sorts of deductions on her NFP. Her lawyer is simply stalling, and massaging his numbers. I have orders for disclosure. Silly huh!

Loads of fun. Both of you just need to be logical, and fair, and not let lawyers control what you want to do. Otherwise $$$$.
 
we are still in the stage of me buying him out. It is now just a case of getting the papers done at the lawyers, I already have the mortgage-approved with closing this month The separation agreement is signed and done.

My biggest thing is that he has a place to go to. He refuses go or pay anything. I have already changed the hydro to my name, the utilities takes a bit more then just going in as they want proof he is no longer on deed.

He will not move his stuff out of the master bedroom so I can move back into there from a room that is half the size. When I said I would move his stuff downstairs he threw a shit fit.

to me either he pays something towards mortgage and property taxes or leaves. He can not expect to stay for free. He keeps saying that his lawyer said that he should not move out until he gets his money. Is it my fault that he decided to move in with new gf and pay bills there??? He cant have it both ways. If I pay for everything then i want free fun of the house and not worry about when he will be here.
 
The lawyer always advises not to leave the matrimonial home.

If you have not reached an agreement re:finances, distribution of assets, etc than he is just protecting his interests. In the end, calculate what you think he owes you---and he does if he is living there---right up until he is settled off. It may have to be taken into account later.

I would not tolerate him being in the same bedroom. Move his stuff out. You are more entitled to this at this point. Include bills for cleaning up after him--take photos if you need to.
 
Just hang in there a little bit longer, and on closing day, you can dump his stuff at the side of the road and change the locks. A few more weeks are worth being patient for.

I ended up doing most of my ex's packing for him, which was annoying, but that way, I was able to make sure that the only stuff that left the house was stuff that clearly belonged to him, or stuff I had no interest in and had always wanted to get rid of, etc. I figured the stuff we needed to discuss could wait until we discussed it, but a year and a half later, he hasn't brought it up. I don't know what he thought of my packing, but he took the boxes away as they were filled. Even the super-heavy one!
 
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Rioe said:
Just hang in there a little bit longer, and on closing day, you can dump his stuff at the side of the road and change the locks. A few more weeks are worth being patient for.

I ended up doing most of my ex's packing for him, which was annoying, but that way, I was able to make sure that the only stuff that left the house was stuff that clearly belonged to him, or stuff I had no interest in and had always wanted to get rid of, etc. I figured the stuff we needed to discuss could wait until we discussed it, but a year and a half later, he hasn't brought it up. I don't know what he thought of my packing, but he took the boxes away as they were filled. Even the super-heavy one!
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i did that to. went through coat ciosets etc and moved that stuff down in the basement. The man hates packing and even when we bought the house I had to do all the packing to move, rent and pick up the uhaul truck and stuff like that. He saw his old bowling ball in the section of his stuff and said that it wasnt his. I told him that I never owned one so it is his. Damn I could have got rid of that thing years ago!!! lol

As for my typo maybe not so much of a typo. He and I had an agreement that if either one of us started to date that the new partner will not call the house or be brought here. I know he has broken it twice and probably more. I have been seeing someone who I go and see. I have not had him here and he texts me on my cell phone, not the home phone. I do not feel right about breaking the agreement even though the ex isnt here at night. The man I am seeing wants to be able to hang out at my place also as his work is closer to my place then to his. Due to his shift work and having his daughter every second weekend, our time is limited. Would be easier when he is working days to come to my place after work and shower etc here to spend more time together.

I wonder if my exs lawyer also told him not to pay?? I left proof for him that the mortgage is approved and when the funds will be released etc from the bank. They have to send their papers to my lawyer and then I get to sign. So close but yet so far.
 
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