billm
New member
... unless you get a court order.
Separation Agreements
- Thread starter Faust
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... unless you get a court order.
I think that most of the responses that you will get on this message board will reflect the comments made on that blog.
When you separate you and your spouse have equal claim to the matrimonial home. You have as much fundamental right to claim residence or exclusive possession of the home as your spouse does.
If the spouse has continued to reside in the home, and this is preventing you from selling your titled property, you certainly have reason to seek exclusive possession.
I'll try to put it simply: you both have a right to live there. The court has to choose one or the other, if you are competing. If you make compelling arguments, you should be able to get possession.
Generally it should be clear that if the home is in your name, you have to pay off equalization, but it is your house. So any order for possession for her must be temporary, for whatever reason.
When you separate you and your spouse have equal claim to the matrimonial home. You have as much fundamental right to claim residence or exclusive possession of the home as your spouse does.
If the spouse has continued to reside in the home, and this is preventing you from selling your titled property, you certainly have reason to seek exclusive possession.
I'll try to put it simply: you both have a right to live there. The court has to choose one or the other, if you are competing. If you make compelling arguments, you should be able to get possession.
Generally it should be clear that if the home is in your name, you have to pay off equalization, but it is your house. So any order for possession for her must be temporary, for whatever reason.
It's go time?
It's go time?
I just received my first bill from my solicitor and yes, you all were right...charges for the separation agreement, emails, letters, and for the oxygen I breathed in his office.
I've given my ex a friendly email stating that she should see her solicitor before the beginning of the school year re: our separation agreement. She essentially replied that she's dealing with too much of her own issues to see her solicitor and that she doesn't want to pay him hundreds of dollars to her her blubbering. She said she'd sign it in due time.
Issue: I'm sinking FAST! I can't handle the house on my salary alone. I owe my family thousands already. The only way I could handle the finances before I list it would be to refinance it, but I can't without her permission as it is still the matrimonial home.
The one year separation (according to me which I can prove through emails) is coming up (Sept 24). If I file for divorce and its granted, its no longer the matrimonial home and I can do what I need to do (so to speak) says my solicitor.
Questions: How much is a divorce? Can I do this without my solicitor? Is it advisable? How long (in general) does a divorce take to be heard? My solicitor sent a strong letter to her solicitor stating "I really don't see any purpose for taking this to court due to the very short duration of the marriage" Should I send a letter to the ex coming clean on the entire situation where if she prolongs this or delays, it can cost her a lot of money (as Mess suggested in an earlier post)?
Although my family is extremely supportive (financially) to help me (because she left a day before marriage counselling) and I'm the victim, a debt it a debt no matter who it's to.
Advice, help, what do you think? Keeping in mind my near dire straights financial situation?
Thanks
It's go time?
I just received my first bill from my solicitor and yes, you all were right...charges for the separation agreement, emails, letters, and for the oxygen I breathed in his office.
I've given my ex a friendly email stating that she should see her solicitor before the beginning of the school year re: our separation agreement. She essentially replied that she's dealing with too much of her own issues to see her solicitor and that she doesn't want to pay him hundreds of dollars to her her blubbering. She said she'd sign it in due time.
Issue: I'm sinking FAST! I can't handle the house on my salary alone. I owe my family thousands already. The only way I could handle the finances before I list it would be to refinance it, but I can't without her permission as it is still the matrimonial home.
The one year separation (according to me which I can prove through emails) is coming up (Sept 24). If I file for divorce and its granted, its no longer the matrimonial home and I can do what I need to do (so to speak) says my solicitor.
Questions: How much is a divorce? Can I do this without my solicitor? Is it advisable? How long (in general) does a divorce take to be heard? My solicitor sent a strong letter to her solicitor stating "I really don't see any purpose for taking this to court due to the very short duration of the marriage" Should I send a letter to the ex coming clean on the entire situation where if she prolongs this or delays, it can cost her a lot of money (as Mess suggested in an earlier post)?
Although my family is extremely supportive (financially) to help me (because she left a day before marriage counselling) and I'm the victim, a debt it a debt no matter who it's to.
Advice, help, what do you think? Keeping in mind my near dire straights financial situation?
Thanks
OrleansLawyer
Active member
Questions:
Filing fees and associated copying will run about $500.
Yes - but talk to him first. The divorce act is the source of a lot of remedies in family law; you don't want to close that door.
Depends on other issues; see above.
If you are prompt with your filing and have been separated for more than a year then four months at the earliest. If there are complications or errors in filing then longer.
I just learned the following--but you should check it out with a lawyer:
even though you owned the house prior to marriage it is a matrimonial home with different "rules" than other assets prior to marriage and it can be considered a split even. again ---research some cases or ask your lawyer
even though you owned the house prior to marriage it is a matrimonial home with different "rules" than other assets prior to marriage and it can be considered a split even. again ---research some cases or ask your lawyer
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