Please advise re best course of action or low-cost options…
Additional 2 items added after...
Additional 2 items added after submission:
Submitted: 11 years ago.Category: Canada Law
1)I clicked too soon and didn't carefully choose my option re "URGENCY". I'm requesting a higher level of urgency than the middle default setting. I also didn't take time to see what the other option category was to the right of it.
2)Does the $43 include a one month subscription for unlimited questions, or is that an additional $43 (on top of my first $43 for this initial inquiry) if I have further questions in the coming month?
PLEASE ADVISE re best course of action or low-cost options to come to a SPEEDY DIVORCE settlement in British Columbia in the following situation. Complicating factor is how and when to sell mutually owned property (I'm acting as advocate on behalf of husband).
SUMMARY OF ISSUES:
Married over 25 years. Separated over 3 years. No dependent children involved. Wife has declared that she will sign divorce papers of divorce kit only after their jointly owned land is sold for inflated asking price of $600,000, far above current market value (about $300-350,000).Husband unwilling to wait for this to happen; wants divorce ASAP. Husband ideally would like to get divorce now and wait for land prices to recover to pre-recession prices before selling.
If husband files for divorce through courts, possibility of wife filing counter-suit; risky unknown outcome, possibility of losing most assets after court battle. If no counter-suit, court will order land be sold at current prices or at auction (within two years? or one?); then likely to be sold for very low price.
Wife has proposed husband buy her out for $225,000. He is not in a financial position to do this: health problems, limited earning potential, bank reluctant to approve mortgage.
Communication between them is poor: defensive, tense, suspicious, and at times vengeful; low levels of cooperation and mutual trust. Mainly avoidance at present.
What are the best options to consider at this point? How can husband get divorce without losing everything?
Likely a mediator would be best, XXXXX XXXXX to find a mediator who can best diffuse the present tensions and foster a spirit of good-will? And how to avoid a battle between lawyers/ mediators?
Please advise what the best starting point should be, and any other factors/ insights to be considered from a legal perspective.
Married over 25 years. Longstanding marriage breakdown and separated for over 3 years. Husband 64, wife 67. Wife moved out, mainly because continuing breakdown of relationship. Husband's health is deteriorating; limited ability to earn income; husband continues to live on property in a rustic cabin. (Husband also independently has joint ownership of another parcel of undeveloped land, for which wife already received her half of the value. That's when she moved out.) Children are all independent. Wife is getting income from tenants who pay modest rent, as well as pension income, and lives in rental property in another community. Upon separation, wife had said she was willing to agree to a divorce; however neither wife nor husband initiated action and nothing happened.
At that time, around 2007, upon the wife's suggestion, they agreed to put their jointly-owned 80 acre undeveloped property with cabin up for sale with an asking price of $600,000, at the high end of market value, which was already high at that time. She also made an offer to her husband/ family to buy her out for $225,000-$250,000. No one was interested. Then market prices dropped with the recession, but she's not willing to sell for anything less than the original listed asking price. In the last 3 years no one has even been to look at the property, let alone make an offer. Property remains listed with realtor.
In fall of 2009, husband wanted to remarry and bought divorce kit and asked wife to fill out her portion of it. At first she said "Sure, no problem." Then a week later said she would only agree to a divorce once the land was sold, for $600,000. Current market price is about $3-400,000. (Likely she had a change of mind once she realized he had another love interest.)
Husband discussed situation with his family lawyer (who didn't want to take the case since he knew both parties well), who advised him that if he sought divorce through the courts or with the help of a divorce lawyer, likely an ugly battle would ensue, and in the end they would probably loose almost everything. It seems that both the husband and wife are in agreement about not selling the house at the current low market value. Many other properties are for sale at reduced prices in this North Okanagan area, and nothing is moving much.
Ideally, the husband would like to get a divorce, and keep the land until it can be sold for the original asking price, when land prices make a recovery.Is this even possible? What's the best way to accomplish this?
He also inquired at the bank about taking out a mortgage for $225,000 to buy her out, but this seems not easily done, since they won't take the undeveloped land as collateral for the mortgage at this time. He also doesn't have a steady source of income, but he is of the opinion that trying to secure a mortgage is the best route to go at this time, as he sees no alternative.