Matrimonial Home

You have two appraisals done by professional firms. This is your proof (evidence) of the market value of the assets. Your Ex wants the value to be more. The market says it's not worth the increased amount.

For a third appraisal only time since the last appraisals or other market economic factors would justify another appraisal.

I believe you can submit a request to admit the appraisals (evidence) into evidence. If she refuses then she has to respond in written form "why" where it will all be in the continuing record.

This might help you get out of the bickering back and forth.
 
My ex has finally agreed on the higher appraised house value, but now doesn't want to include all debt in the equalization. She basically wants to get all her equity out of the house and then I can come after her for debt afterwards. It obviously doesn't work that way.

I have no choice but to file a motion.

Is there anything specific I should say or ask for?

We agree on the house value, we know the remaining mortgage, and we know what the debt is. It's really simple math, as I'm not asking for any closing costs or anything. I offered her more than what it should be, but it's still not enough for her. At this point, my generosity is over and I only want the court to order the correct amounts and nothing more.
 
GoDiegoGo said:
My ex has finally agreed on the higher appraised house value, but now doesn't want to include all debt in the equalization. She basically wants to get all her equity out of the house and then I can come after her for debt afterwards. It obviously doesn't work that way.

I have no choice but to file a motion.

Is there anything specific I should say or ask for?

We agree on the house value, we know the remaining mortgage, and we know what the debt is. It's really simple math, as I'm not asking for any closing costs or anything. I offered her more than what it should be, but it's still not enough for her. At this point, my generosity is over and I only want the court to order the correct amounts and nothing more.
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Ask for all you are entitled too. Give her a juicy offer to settle. You are right it's simple math. I'm betting having a looming court date will show her the light.
 
GoDiegoGo said:
My ex has finally agreed on the higher appraised house value, but now doesn't want to include all debt in the equalization. She basically wants to get all her equity out of the house and then I can come after her for debt afterwards. It obviously doesn't work that way.

I have no choice but to file a motion.

Is there anything specific I should say or ask for?

We agree on the house value, we know the remaining mortgage, and we know what the debt is. It's really simple math, as I'm not asking for any closing costs or anything. I offered her more than what it should be, but it's still not enough for her. At this point, my generosity is over and I only want the court to order the correct amounts and nothing more.
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Here goes nothing:

BOLD 1: Of course she has

BOLD 2: What she wants, and what is reality are two different things...ignore her ass i.e. don't engage

BOLD 3: Now we are talking. When people get served, they eventually wake up and realize you mean business

BOLD 4: Any equity after the remainder mortgage has been paid off, should proceed in this order.....a.) pay joint debts off, b.) each party takes a startup equal amount, c.) the rest goes into a trust awaiting equalization

BOLD 4: It goes without saying, nice guys finish last
 
Upon sale of the house where realty, lawyer, other disbursement fees will be taken care of via the Statements of Adjustments upon closing.

Upon closing you will not want the money going into any accounts. You'll want it held in trust by the lawyer.

Then put in a motion to pay off joint debt from the trust account. You might want to also include other debt to be paid off from the sale as well of which some of it might be your exes. She wants the money so she can pay her lawyer as you might.

If the proceeds of sale are traceable, and as against yours/theirs debt, it will be to both your benefit as you approach your final divorce order.

You ex will have a heck of a time why at least the joint debt should not be paid off from the proceeds of sale. Don't forget about your cash flow where this would save your monthly interest costs.
 
If the house is sold, we would get next to nothing from it.

The motion would be for me to buy her out at a fair amount.

We agree on what her half of the equity is.

She just wants to take that for now so I can get the house in my name.
I'm trying to tell her debt must be included in the equalization calculations. I can't get a mortgage with the debt still there, and I'm not going to give her a large sum, just to hope she gives some back later on to cover the debt.
 
can't get a mortgage with the debt still there, and I'm not going to give her a large sum, just to hope she gives some back later on to cover the debt.
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This might not be what you want to hear, but am not in the business of trying not to hurt your feelings (am sure you appreciate honesty) :D

Sell the damn house then to give her a clearer picture of the situation, rent for a bit until stuff come soff your rating, then get a place that work for you.....simple
 
dad2bandm said:
Sometimes, court is the only way to get it done. Perhaps make an offer, then file a motion after to get the ball rolling. The pressure is on her, and sometimes people are more cooperative (or told to be cooperative, by their lawyer) once court is coming up.
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I refer the original poster to my prior comment. :-)
 
So fees associated with the sale of the house would basically wipe out any equity still left in the home.

You want the house signed over where you would like to divert the joint loc into the next mortgage whereas she wants cash now.

You could argue that if you're forced to sell the house the disposition costs of the sale will outweigh any equity she may have in the home; if any.

As well you've pointed out that you won't be approved for a mortgage without the joint loc being dissolved. Get a letter or proposal or preapproved loan amount from the bank with specified conditions. This may help you solidify your position.
 
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