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Old 07-27-2017, 10:27 AM
Berner_Faith Berner_Faith is offline
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Join Date: May 2011
Location: Ontario
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Originally Posted by Karma2016 View Post
I just went through this.

I was the title owner of our matrimonial home so when it sold, the proceeds would be paid to me; however, my ex still need to Consent to the sale as it was our matrimonial home.

It was a big house, and we were in agreement to sell it. I told him I would need my share of the proceeds to pay for the townhouse I would be purchasing. He even congratulated me via email and seemed genuinely happy for me.

Two weeks before the deal was to close, we received a copy of letter from his lawyer to my real estate lawyer instructing him that ALL the proceeds were to remain in trust until he and I reached a financial settlement, and he would not be consenting to the sale otherwise.

We offered to only release half of the proceeds to me so I could carry out my legal contract to buy the townhouse, and his half of the proceeds would remain in trust.

He said no.

So we had to make application to the court to force him to consent to the sale. Once he was served, he agreed to exactly what we asked for. He just wanted to make me spend money on my lawyer.

So this is how it's gonna be for us.....a long, drawn-out Shitshow.

This is confusing... so you offered him to hold his share in trust but wanted him to release your share? No wonder he disagreed... essentially you were getting money and he wasn't. What would have happened if you owed him more in equalization?

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