How Do I respond? Vehicles ordered to be sold?
- Thread starter StuckinAB
- Start date
Thank you !!!!!Hello, PLEASE DO NOT QUOTE
In the process of separation, house was ordered to be sold as well as vehicles and Child support ordered. Spousal support will be ordered once house is sold.
The house didn't sell. The wording of the order said " If applicant chooses to sell cars, his must be sold first and the equity transferred to my car, then my car be sold and the remaining equity be transferred to the respondent."
This was ordered 10 months ago.
2 weeks ago. I was served with papers demanding that my car be turned over to him to sell and that he sold his car for the remaining loan balance. I have not seen his car in 3 weeks. Im a stay at home mom and he is considered a high income earner.
Currently he has paid no child support or any of the other orders to pay.
I found out on my own that he got a DUI and his license is suspended and he sold his car right after and bought another cheaper car which he did not bring to the house. Is this relevant information to ask a judge to let me keep my car? Currently child support in arrears for over 20k. Im not enforcing currently bc we still live in the same house.
Janus
New member
Presumably you don't want people quoting you so that you can delete your message?
That's not fair to the lurkers and those who will read the forum later. Just fudge the details slightly, nobody will trace it back to you.
A house can always sell, just not necessarily at the price you want. If you offer the house for 20% below market value it will sell within days, guaranteed. I have a friend who is a real estate agent and he says that usually when a house does not sell it is because the seller has a ridiculous idea of how much the house is actually worth and refuses to budge.
I don't understand the car thing. Why would he get the sell the cars, but you get the proceeds? Why not just sign the cars over the you and you can go ahead and sell them for whatever you deem fair. I feel you are leaving out a critical component of the order.
As rockscan said, if you concerned about arrears, just file with MEP. Unless the order said that support does not start until you guys are no longer living together (which I have often seen ordered).
That's not fair to the lurkers and those who will read the forum later. Just fudge the details slightly, nobody will trace it back to you.
A house can always sell, just not necessarily at the price you want. If you offer the house for 20% below market value it will sell within days, guaranteed. I have a friend who is a real estate agent and he says that usually when a house does not sell it is because the seller has a ridiculous idea of how much the house is actually worth and refuses to budge.
I don't understand the car thing. Why would he get the sell the cars, but you get the proceeds? Why not just sign the cars over the you and you can go ahead and sell them for whatever you deem fair. I feel you are leaving out a critical component of the order.
As rockscan said, if you concerned about arrears, just file with MEP. Unless the order said that support does not start until you guys are no longer living together (which I have often seen ordered).
Mep won't enforce while living in same house.
My question is what the order says and about my car. The judge didn't explain. He just said we were living beyond our means bc we have luxury cars and this is true. I guess to allow him to pay child support and upcoming spousal support.
He didn't give me the equity and is being sneaky. I need my car to take care of my children. Also I will trade it in for something more edonomical but he just want to sell my car.
My question is what the order says and about my car. The judge didn't explain. He just said we were living beyond our means bc we have luxury cars and this is true. I guess to allow him to pay child support and upcoming spousal support.
He didn't give me the equity and is being sneaky. I need my car to take care of my children. Also I will trade it in for something more edonomical but he just want to sell my car.
arabian
New member
I am guessing... both vehicles are financed and bank/finance company has to be paid out first correct?
You are registered with MEP correct?
One of the first things they would do (if you are registered with them you would know this) is place a Personal Property Registry against your ex. This would prevent him from disposing of any items such as cars, boats, houses etc. without paying his debt to MEP (you) first.
I don't think MEP cares where he lives. MEP enforces court orders period.
What is the date the house was to be sold by? Did you get an appraisal done of the home for the court? Did the court set the sale price and approve the realtor?
Interim Spousal Support can be ordered prior to disposing of assets.
Do you have a lawyer?
You are registered with MEP correct?
One of the first things they would do (if you are registered with them you would know this) is place a Personal Property Registry against your ex. This would prevent him from disposing of any items such as cars, boats, houses etc. without paying his debt to MEP (you) first.
I don't think MEP cares where he lives. MEP enforces court orders period.
What is the date the house was to be sold by? Did you get an appraisal done of the home for the court? Did the court set the sale price and approve the realtor?
Interim Spousal Support can be ordered prior to disposing of assets.
Do you have a lawyer?
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Yes both cars are financed.
I went to mep and they said they do not enforce being in the same address.
I had a lawyer but since the legal fees were not paid to me I let her go. The only thing left for me is spousal support, which was applied for at the last court hearing but my lawyer "reserved " since he is paying all the bills. Not much equity in the house , the market is bad. There were a few price drops to break even but still no offers.
I have a list pendens on the title. Does that protect me so that I get my arrears at a future date. He is also asking to have it removed from the house at our next court date.
He gives me money for food and household stuff..I didnt really need the full child support. Since he wants my car gone now I do need it and spousal.
I went to mep and they said they do not enforce being in the same address.
I had a lawyer but since the legal fees were not paid to me I let her go. The only thing left for me is spousal support, which was applied for at the last court hearing but my lawyer "reserved " since he is paying all the bills. Not much equity in the house , the market is bad. There were a few price drops to break even but still no offers.
I have a list pendens on the title. Does that protect me so that I get my arrears at a future date. He is also asking to have it removed from the house at our next court date.
He gives me money for food and household stuff..I didnt really need the full child support. Since he wants my car gone now I do need it and spousal.
Something about this isn’t adding up. The judge said you were living outside your means and ordered the house and cars sold. You still live together. You don’t work and he pays the bills. There is a reason why nothing is moving and its because you are holding things up.
Its time to put your big girl pants on and realize your life needs to change immensely. You need to find work, downsize and get out of debt. The housing market is not that bad and I find it hard to believe you can’t sell after “several price drops”.
The judge said it best—you are living outside your means. Now you are waiting for spousal to get on with your life? You are getting divorced. Your ex is not responsible for continuing to pay for your lifestyle. You need to suck it up and reduce. Sell your house, move into something smaller and AFFORDABLE. Sell your car and get something AFFORDABLE. Start thinking about getting retrained or going back to work to live a life that is AFFORDABLE.
Its time to put your big girl pants on and realize your life needs to change immensely. You need to find work, downsize and get out of debt. The housing market is not that bad and I find it hard to believe you can’t sell after “several price drops”.
The judge said it best—you are living outside your means. Now you are waiting for spousal to get on with your life? You are getting divorced. Your ex is not responsible for continuing to pay for your lifestyle. You need to suck it up and reduce. Sell your house, move into something smaller and AFFORDABLE. Sell your car and get something AFFORDABLE. Start thinking about getting retrained or going back to work to live a life that is AFFORDABLE.
I didnt handle the finances. My husband is the big spender made these purchases despite my concerns.
IM ASKING ABOUT MY CAR AND HOW TO REPSOND TO HIS REQUEST TO SELL MY CAR. I can't sell the car bc it in his name.
He is responsible for the house. This is his separation that he initiated. I can't force the market. This post was about my car in the mean time.
IM ASKING ABOUT MY CAR AND HOW TO REPSOND TO HIS REQUEST TO SELL MY CAR. I can't sell the car bc it in his name.
He is responsible for the house. This is his separation that he initiated. I can't force the market. This post was about my car in the mean time.
standing on the sidelines
New member
unless you can afford the payments, insurance etc then just sell the car. Its not a hill to die on.
arabian
New member
I am confused as to what sort of an Order exists (if any). If there is an actual "order" for sale of home or other matrimonial assets, proceeds from assets would not be dispersed right away. They would be either paid into the court or held in trust.
Orders from Alberta Court of Queen's Bench for child or spousal support are enforceable by MEP. Standard. If someone, after receiving Order, wants to not have MEP enforce on their behalf then they would opt out but there is a process to follow.
This sounds like a case of two people in sticky financial situation who are in early throws of separation. No one wants to part with their toys etc.
Vehicles are financed and I would hazard a guess the house and vehicle financing are delinquent (or soon will be).
Orders from Alberta Court of Queen's Bench for child or spousal support are enforceable by MEP. Standard. If someone, after receiving Order, wants to not have MEP enforce on their behalf then they would opt out but there is a process to follow.
This sounds like a case of two people in sticky financial situation who are in early throws of separation. No one wants to part with their toys etc.
Vehicles are financed and I would hazard a guess the house and vehicle financing are delinquent (or soon will be).
Well if the order says sell the cars and turn the money over to you then you need to give him the car to sell it. If there is a high loan against it then there won’t be much money left. Which means there will not be money to turn over.
There is your answer. The order is clear—cars get sold. Everything else is irrelevant.
There is your answer. The order is clear—cars get sold. Everything else is irrelevant.
See here ...thanks
standing on the sidelines
New member
He sold his car first like he was ordered and now according to this order your car now gets sold.
What happened with your slam dunk mobility case where you were so sure you could move the kids out of the country?
What happened with your slam dunk mobility case where you were so sure you could move the kids out of the country?
Berner_Faith
New member
You are really talking in circles... you want him to follow the order but you’re trying to prevent him from doing so... the order stated his car got sold, he did that and then your car got sold. But you’re trying to prevent that because you want him to retain an asset you can put a lien on. That’s not what the order states. Seeing as you admitted the car is all in his name if I were him and you were being this difficult I would simply take the car back and sell it without you. Remember, you may be entitled to the value of the asset but it doesn’t mean you’re entitled to the physical asset.
Why are you preventing the sale of the car?
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Why are you preventing the sale of the car?
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Thank god its not just me.
You have an order for the sale of the cars. You are breaching the order.
Quick math lesson—if you have an asset but the asset has no value its no longer an asset therefore you cannot put a lien against it. Meaning—just because a car is valued at 40 grand doesn’t mean it is that much. If he owes 35 grand on it its only worth 5 grand.
None of the other stuff you say make sense...you have an order for cs but MEP won’t enforce it. You are going to take the order to MEP to enforce it but you just said they won’t enforce it.
Like I said, time to put on your big girl pants and stop playing dumb. The court document would have had all the financial info including what is owed on the cars. Read it. You want support? You don’t get it while he is paying your bills.
Lose the “Im just a poor stay at home mom who knows nothing” attitude. You CHOSE to be a kept woman. You were COMPLACENT in this decision and now you have to learn to live without it. If you can’t go find some other rich sucker who will give you what you want.
Janus
New member
I also told her in the previous thread that her house was going to be ordered sold, but she didn't believe me. She had this wonky idea that her ex would give her the house because somehow it would save him money.
StuckinAB said:
Give him the car, and let him sell it. I'm not understanding the issue here?