I'm not sure what to think? Help! Please :)

I

ihatepickingone

New member
I need some advice!

Separated 2yrs, no resolution in sight.

With the rise and unpredictability of real estate I really want out of the house ... X is occupying.

On Feb 23 my lawyer advises a new appraisal is needed and a court would allow her to buy at that price. I can't find any support for this statement.... Martin v Martin and Barry v Barry give me the right to put in on the market? Am I right on this?

I don't think anyone knows what a house is worth these days until bids are in. Houses are going for 10's, even hundreds of thousands over ask.

Assuming I'm right and I can have the house listed..... I'm left to wonder whether my lawyer is incompetent or not working for me?

What am I to make of that?
 
You might be able to call the local real estate board to find out what similar homes in the neighbourhood have sold for recently. Also see about getting three independent real estate appraisals.


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You should contact a real estate agent and get an appraisal. Your ex might also want to get her own appraisal. Both home owners are entitled to get their own real estate agent for this information.
 
I guess my question isn't clear -

My lawyer gave me pretty basic advise that is factually incorrect. To me, that's either incompetentance, or knowingly not acting in my best interests.

What do I do with that knowledge?
 
What are you questioning about your lawyer? He told you to get the house appraised and your ex can buy you out . This seems like basic knowledge. Are you trying to find case law? What information are you saying that your lawyer gave you that is not correct? Sorry your question is still not clear.
 
He told me my X has first right of refusal. I have the case law, she most definitely does not. Martin v Martin and Barry v Barry

Basic shit - so, lawyer is either no good or not acting in my best interests?
 
ihatepickingone said:
He told me my X has first right of refusal. I have the case law, she most definitely does not. Martin v Martin and Barry v Barry

Basic shit - so, lawyer is either no good or not acting in my best interests?
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Or your lawyer is saying what they are to reduce the battle which will cost more. If you get an appraisal and let your ex take first crack then there is no court battle. If you file a motion to force the sale that costs money.


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This concerns me just as much. If that's my best option, then that should be the advise - I can take it or leave it - but I need to know my cards before making my bets.

FWIW- we had an appraisal done in June 2020 and negotiations on that price (at great expense) have beared no fruit. It's a rural home, which has seen steep increases since. Houses are going for, in many cases, hundreds of thousands over ask. I frankly don't think appraisers or RE's know what houses will sell for right now until the bids are opened.
 
Most realtors and appraisers have a good idea of the market at this time and by having them pull similar sales and view what it was sold for can help.

If you told your lawyer you don’t want to spend thousands on a fight then they are working in your best interest and telling you to just sell it. If you want to fight then it could cost a lot more than you would get.

Start by calling the local real estate association to see about viewing comps.


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I have spoke to RE agents... but when houses priced at 390 sell for 507 it tells me they don't know either.

I have told my lawyer that .. because it's the truth. She also knows i won't be hosed, and I'd rather risk and fight.... than lose for certain.

Making ill-informed decisions can't possibly be in my best interests ....
 
They would be able to tell you what a house sold for not just what it was priced at. There is a difference.

But you also need to check your expectations. The bubble in Toronto has burst, might be the same where you are.

If you disagree then tell your lawyer to file a motion if you want it!


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A realtor may price aggressive or low for more offers, but they know the approx end game based on comparables. Courts deal with proper home appraisal reports though, not realtors, for an accurate value. This amount can go in your favour as they're basing on current higher values while you may sell for less. $300 for the report, possible higher value and no realtor fees to sell, or court, is a great option when you really want out and ex wants to buyout. Otherwise it's trial and a lot more fees. Let the lawyers and appraisers (professionals) do their job.
 
My understanding was the OP does not have the obligation to sell the house to his ex spouse at any price. He may choose to do so, but he may also choose not to do so.
 
The house is not really the issue!!!!

The issue for me is, my lawyer told me something that is factually incorrect. Something basic. Now I don't know whether to trust him ... i'm not certain he has my best interest in mind. I'm an adult, plenty able to make decisions and live with the consequences. I'm paying a lot of money, for what turned out to be garbage advice!
 
Janus said:
My understanding was the OP does not have the obligation to sell the house to his ex spouse at any price. He may choose to do so, but he may also choose not to do so.
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True, depending if he's thinking emotionally or financially.

After the appraisal, it should be known what the house is worth. If ex can't pay that amount, put it up for sale and let ex make an offer. This is a gamble, spending over 20k and a lot of time in the hopes of getting more. Most can't afford so there's no option, but if ex can buy you out, it's your fastest, cheapest option.
 
ihatepickingone said:
The house is not really the issue!!!!

The issue for me is, my lawyer told me something that is factually incorrect.
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I know, I was speaking more to the other posters.

For your specific situation, it depends how close you are to the end of the case. If it is near the end, just grin and bear it. Changing lawyers can be an expensive process.

If there is a lot of "case" left, then switch lawyers. You no longer trust your current lawyer, so you need to find a new one. There is no reason to pay outrageous fees for advice that you do not intend to heed.

That said, judges do often order weird stuff when it comes to houses, especially if there is a large income disparity between the two spouses or if kids are involved and one parent is going to be non-custodial. It is always possible that you misunderstood what your lawyer was trying to say. The lawyer could have been saying "you might be ordered to let your ex buy you out, so why not just allow it to happen?"

Doesn't matter though. Whether it was an error or a miscommunication, you no longer trust the lawyer. Find a new one or finish your case.
 
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