butternuthouse
Junior Member
Hi,
Many thanks, in advance, for your valuable comments and advices.
To make the case information clear, I will describe it in points below:
1. I and my ex-spouse bought a property in Montreal some years ago in 2001, we have registered it owned 50/50. We were still officially married, however we were separated on and off before we decided to buy the property for joint benefits. I have disbursed initially around 37% of the capital in cash, the rest was from a bank mortgage. The house is a duplex, we lived in one unit and rented the other one
2. In 2004 and after living on and off together in this house, I have moved overseas to work, while I have kept the house as my base (means all my personal items were kept there).
3. My spouse stayed behind, still living in one unit and renting the other one, took care of all issues of the house, while I stayed mainly overseas, but always in contact and in communication with my spouse about the various issues of the house.
4. In 2007, we have divorced officially and amicably, and we decided to keep the house as a joint project together to sell later at an appropriate time.
5. A verbal and de facto understanding became the norm that my ex-spouse become partner, will handle all issues of the house, in cash rental income, pay expenses live inside or not, as suitable
6. All money was always balanced between us, in case there was an extra to be paid, However, I have never received any proper accounting on the house
7. To facilitate the life and management of the house issues to my ex-spouse/partner, I have even made authorities and power of attorney so to be able to declare joint and independent taxes from the house on my behalf, represent me and deal as suitable with the banks, to do anything…including free access to credit lines from my personal credit cards, house equity etc…
8. In 2012, we come up with the topic of selling the house, and my ex-spouse/partner became hinting and threatening that I do not deserve any equity in the house simply because I was overseas and did not endure the stress and difficulties faced. Then, I have automatically cancelled all power of attorneys in a preventive measure.
9. My ex-spouse/partner refused then selling the house if we do not agree to change the equity share to my detriment.
10. I was still overseas and my ex-spouse/partner kept control of the house issues and more closely in, even though started travelling overseas and rented both dwellings.
11. Finally, after blackmail and threats, I have accepted to keep only a share of 40% for myself
12. The house was sold 3 weeks ago, and we could not release our money due to have a clearance from the tax authorities. I can’t apply for the clearance without my ex-spouse/partner provides me with appropriate information. While I thought that as was agreed between us, that at least there was some sort of tax declarations done on my behalf while I have been given authorities, none was done. My name on Hydro Quebec bills was taken off a year ago, the whole furniture and personal items shipped away, etc. After selling the house, my ex-spouse/partner refused facilitating the info and tax declarations harmonization between both of us on the house, in order for us to be both cleared by the tax authorities.
13. Then I have written to the Notary to cancel whatever agreement was done before the sale that gave my ex-spouse/partner a 60% equity share in the house. I have also agreed to compensate up to my equity share any extra expenses endured by my ex-spouse/partner towards selling the property
14. Now, I am being verbally abused in writing as well as being threatened with court cases etc. ..for breaching an agreement (the agreement was initially written in the form of a power of attorney at notary public declaring the share change)
My apologies for the long list above and hope some of you could have a little moment to read through and comment
Many thanks
Many thanks, in advance, for your valuable comments and advices.
To make the case information clear, I will describe it in points below:
1. I and my ex-spouse bought a property in Montreal some years ago in 2001, we have registered it owned 50/50. We were still officially married, however we were separated on and off before we decided to buy the property for joint benefits. I have disbursed initially around 37% of the capital in cash, the rest was from a bank mortgage. The house is a duplex, we lived in one unit and rented the other one
2. In 2004 and after living on and off together in this house, I have moved overseas to work, while I have kept the house as my base (means all my personal items were kept there).
3. My spouse stayed behind, still living in one unit and renting the other one, took care of all issues of the house, while I stayed mainly overseas, but always in contact and in communication with my spouse about the various issues of the house.
4. In 2007, we have divorced officially and amicably, and we decided to keep the house as a joint project together to sell later at an appropriate time.
5. A verbal and de facto understanding became the norm that my ex-spouse become partner, will handle all issues of the house, in cash rental income, pay expenses live inside or not, as suitable
6. All money was always balanced between us, in case there was an extra to be paid, However, I have never received any proper accounting on the house
7. To facilitate the life and management of the house issues to my ex-spouse/partner, I have even made authorities and power of attorney so to be able to declare joint and independent taxes from the house on my behalf, represent me and deal as suitable with the banks, to do anything…including free access to credit lines from my personal credit cards, house equity etc…
8. In 2012, we come up with the topic of selling the house, and my ex-spouse/partner became hinting and threatening that I do not deserve any equity in the house simply because I was overseas and did not endure the stress and difficulties faced. Then, I have automatically cancelled all power of attorneys in a preventive measure.
9. My ex-spouse/partner refused then selling the house if we do not agree to change the equity share to my detriment.
10. I was still overseas and my ex-spouse/partner kept control of the house issues and more closely in, even though started travelling overseas and rented both dwellings.
11. Finally, after blackmail and threats, I have accepted to keep only a share of 40% for myself
12. The house was sold 3 weeks ago, and we could not release our money due to have a clearance from the tax authorities. I can’t apply for the clearance without my ex-spouse/partner provides me with appropriate information. While I thought that as was agreed between us, that at least there was some sort of tax declarations done on my behalf while I have been given authorities, none was done. My name on Hydro Quebec bills was taken off a year ago, the whole furniture and personal items shipped away, etc. After selling the house, my ex-spouse/partner refused facilitating the info and tax declarations harmonization between both of us on the house, in order for us to be both cleared by the tax authorities.
13. Then I have written to the Notary to cancel whatever agreement was done before the sale that gave my ex-spouse/partner a 60% equity share in the house. I have also agreed to compensate up to my equity share any extra expenses endured by my ex-spouse/partner towards selling the property
14. Now, I am being verbally abused in writing as well as being threatened with court cases etc. ..for breaching an agreement (the agreement was initially written in the form of a power of attorney at notary public declaring the share change)
My apologies for the long list above and hope some of you could have a little moment to read through and comment
Many thanks
