Soon-to-be-X Keeps Violating the Preliminary Injunction

I feel for both of you in this, it's sad to see two people become so hell bent on hatred that they are willing to destroy the rest of each others lives over the end of a marriage.

I'll be honest now I'm a bit jaded on you since your insult (in my opinion) about how I must be an attorney that is on the woman's side - just because I disagreed with you...I don't appreciate sexism.

 

I'm guessing your issues with your wife have now left deep scars with you in regard to any woman...and that didn't help your attitude with me...

 

so, with that, I'll recuse myself from any of your further questions - or these two posts we have been conversing, if you can call it that, on.

good luck to you

About the stealing issue, I can't go into that here as there are two active, ongoing criminal investigations looking at her right now.

I am waiting on a motion to compel because she has finished rogs on time, so I have to compel on that anyway - might as well throw in a hand full of other things she is hiding.

She does not have an exclusive right to sell the house - the ordered that we attempt to agree on all matters associated therewith.  Failing agreement, the court will decide for us.  She set the sale price of the house artificially low for a quick sale, she is going to get a kick back from the REA from the commission and she has already applied for a mortgage for a townhouse/condo, yet the divorce likely won't be final this year.  There are elements of her strategy that I don't understand yet.

The good news is that I have hired the VERY best forensic accounting firm in the area ( larger metro area) - and they have dredged up a bunch of things.

Ok, see - now we are getting somewhere...

She has every right to also purchase a home through her same realtor she is selling the house with - that isn't shady, it's actually pretty common - you find a REA you like, you stick with them. My husband and have used the same realtor for probably 15 yeqars now with all of our properties.

In court, comps are equivalent to an appraisal - you can't sell a home that is more than what the area comps are - an appraisal won't do you any good -

 

commission - depends on the real estate company, she could be trading commission for other incentives in the deal - but this isn't contemptable - you'd have to negotiate in mediation your share of the equity - if you feel you deserve more based on her decision making, then you negotiate for it - but if she has exclusive right (you don't say if she does or not) in the sale of the home - you don't have grounds.

Not showing you invoices is not contempt - you would have to file a motion to compel

If she didn't feel after starting a project that she could do the work herself, she can hire someone.

 

Your property was it destroyed before or after the preliminary? Before, you have no recourse, after, you can seek financial reimbursement for the depreciated value.

 

Return of property - was she given a date to return it by? a lot of people forget to set a date, if you didn't she doesn't have to until your divorce is final.

 

You say she was stealing from you - want to explain that?

I mean she has make side deals with the realtor - she has a purchase deal going with the same realtor.

Asvalue goes, I have over and over asked for an appraisal - instead I get comps.

Commited to a 6% commission deal with the realtor - it would be common to negotiate a 4% deal.

She won't show me invoices for the work that is being done on the house by contractors - yet is taking CP loans to pay for them.

She agreed with the Judge to do work herself that she instead hired it out and paid for with CP debt.

She's distroyed of dispensed with my property - gifts that can't be replaced.

She was ordered to return property to me but hasn't folowed through.

It goes on and on.

I am pissed at her because this all about her causing pain.

She thinks there is one set of rules for her and a different set for me.

I'm going to tell you this once and only once - you are being absolutely rediculous. Criminal charges?  Grow up. You are getting divorced, you try that you are going to look like an idiot.

You need an outlet for your anger and contempt regarding this divorce you are going through. I seriously suggest counseling.

 

Again, you aren't specific - which leads me to believe this is more your anger than her doing anything "criminal"

 

I assume you don't have an attorney. I assume she is in your opinion getting the better end of the deal in your divorce settlement thus for - and I'll hazard a bet you are grasping at any and all straws to get even.

 

She can make whatever deals it takes to get the home in read for sale condition. She could have a relative do things - she can have a friend of a friend - she can barter and trade with a contractor. Fix this and I'll make you dinner - is totally legal.

 

What proof (since the burden is on you) do you have that the home is on the market for less than it's value?

The debts - again, she will get a slap on the wrist, might end up having to reimburse you, maybe not - but your attitude in court is going to play into what, if any, relief you get - and if you go in like as hot of a head you show on the board here, it will not bode well for you - and then you will get even angrier, and I see a restraining order in your future.

You have to understand something, lawyers and judges deal with people who violate court orders in divorce all the time - and unless she has put you in the poorhouse to the point you can't survive, have lost your home...etc - she ain't that bad....there are a lot worse.

 

The debt is moderate - but the act is SO flys in the face of the injuction that the judge will be very angry.  She added debt twice - both times after warnings not to do so.  The real estate issue is in part that she didn't negotiate a decent commission deal which will waste a huge amount of money.  She also more than likely has under the table deals with the REA and some contractors involved in readying the house for sale.  There's more - and I will force criminal actions if she doesn't try to just get through the civil action smoothly - basically she a criminal and should be in jail.