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Old 05-11-2017, 12:56 PM
trinton trinton is offline
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Quote:
Originally Posted by joe19 View Post
Hi All,
Please advise if anyone has experience on how to response for motion of force sale home?
I have to self representing as can not afford a lawyer and not qualified for Legal Aid.

Bio:
-have 3 kids- 2 stays at university and come back home in summer; one is U17 still say with me
-my ex still live in the house and retained a lawyer
- I file for divorce as applicant on 201611 and she responded.
-No case conference yet
-Have gone trough mediation but broke down on pay out and now she retain a lawyer
Doesn't seem the kids would be effected by it. Is there any equalization payment issue outstanding ? Are you seeking exclusive possession of the home? Why are you opposing the sale? See case below.

Quote:
Although there is clear jurisdiction under the Partition Act to order the sale of the parties' matrimonial home I do not wish to be taken to have endorsed the wholesale issuance of these orders. In my view, an order directing the sale of a matrimonial home before trial should only be made in cases where, in all of the circumstances, such an order is appropriate. Orders for the sale of a matrimonial home made before the resolution of Family Law Act issues (particularly the determination of the equalization payment),
should not be made as a matter of course. See Binkley v. Binkley (1988), 14 R.F.L. (3d) 336 (Ont. C.A.). In addition, spousal rights of possession (s. 19) and any order for interim exclusive possession should be
taken into account.
source: https://www.canlii.org/en/on/onsc/do...&resultIndex=1

Last edited by trinton; 05-11-2017 at 12:59 PM.
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