My ex and I have been seperated since November. I told him in August that I wanted to seperate but we tried to work things out, and they didn't. I had had a bit of an affair on him... no sex, more of an emotional thing with some kissing, etc. Now, my ex wants me and our three kids out of the house (which was bought from our wedding money) and is going to talk to his lawyer tomorrow to see how he can more or less pay me off to get out. He thinks it should be roughly 2000. We bought the house for 67,000, but it was bankruptand is valued at 110,000. We've paid off 7500. Legally, I believe that I am entitled to half of the home's worth, but am okay with getting a smaller settlement.He says now that if I don't agree to what his lawyer says than we will go to court, and I will walk away with nothing because of my little affair that I had. Is that used against you in the courts? Would I be better off to take the 2000 and just leave the house, or should I fight it?In Ontario Canada
2007-01-28 09:59:31 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Your affair has absolutely nothing to do with anything. His best bet would be to try and make a financial settlement on the house with you to buy out your half before going to court. Your best bet is to remain because chances are youll get custody of the kids, the house and child support and possibly spousal support too til the kids are raised and leave home. He will be the one who has to move out which is exactly why its to his best interest to get you to sign off on your half before court. Theres no fighting on your half only his to get your signature down on paper helping him. If you can afford to get along with any kind of settlement and have some other place to live til you get back on your feet then the choice is up to you, but personally Id stay put, make him pay, why uproot the kids especially when you dont have to. The most that will happen is the court may force you to sell the house once the kids are gone and split the profit with your ex once all bills are paid. Good luck
2007-01-28 10:17:04 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
This is definitely grist for a lawyer. You are entitled to half the value of the house, but the exact amount is murky because of the bankruptcy. Your affair has nothing to do with the kind or amount of a settlement. If all things were equal, I would suggest the following scheme for dividing the house: each of you secretly names a value. and the values are then compared. High bidder gets the house -- for the average price of the bids. But things are not equal here, and in any event to make this work requires some financial activities that you may not be able to do.
2007-01-28 10:06:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Alimony is surely extra durable to get those days than maximum think of. a great form of specifics flow into the judges determination consisting of the reason of divorce. once you're submitting a fault based divorce and have evidence of the adultery (which you like for a fault divorce) then i might think of it ordinary for a prefer to award alimony. so a strategies as splitting sources, that relies upon on what state you're in. once you're in a community sources state all sources & money owed would be chop up 50/50, if no longer the court docket will chop up them extremely between you 2 -- the reason of the divorce would not regularly play too vast of area in this determination.
2016-11-01 13:02:51 · answer #3 · answered by ? 4 · 0⤊ 0⤋
If Canada is anything like the US, you would be entitled to half the equity, not half the value.
That means you own half the debt on the house as well as half the value.
For nice round numbers, let's say you still owe 60K.
Value = 110K
Debt = 60K
=========
Equity = $50K
You would get 1/2 of $50K or about $25K.
So either you have to get $25K and buy him out of the house and refinance in your name only, or he has to give you $25K, refinancing the home in his name only.
Personally, if you had to lose it all because you cheated, in my mind, you still would not have paid enough.
That is one of the most selfish things you could do to any person, regardless of how he may have treated you.
So if he is offering about $25K, then you are getting 1/2 of the equity, provided your numbers above are accurate.
Otherwise, get a professional appraisal, and work from there.
2007-01-28 10:09:05 · answer #4 · answered by camys_daddy 5 · 0⤊ 1⤋
NO NO NO....do not bow to his threats..you have 3 children...do you think the courts are going to award him the house and leave you and the 3 kids on the street...stay right where you are...do not leave....and for gosh sakes, stop saying you had an affair...you did not....an affair implies sex and infidelity which did not occur....so stop saying that...fight him tooth and nail and do not settle for less....you have yourself and 3 children to think about...get a lawyer now...good luck
2007-01-28 10:05:02 · answer #5 · answered by Anonymous · 3⤊ 0⤋
Your affair has nothing to do with how you split your assets. This is more of a custody battle issue. Get your own lawyer.
2007-01-28 10:06:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Contact a lawyer. Don't settle for whatever he thinks you deserve. I think you're entitled to half. Whatever you do, don't move out just because he wants you to.
2007-01-28 10:08:20 · answer #7 · answered by mamabear 6 · 0⤊ 0⤋
I think you should get a lawyer of your own.
2007-01-28 10:07:22 · answer #8 · answered by nursesr4evr 7 · 0⤊ 0⤋