partion by sale??

[shlaba]

I've been on here a few times but have a new problem in my never ending seperation from my common law wife, back May 20th 2011 we were supposed to sell the house and i was forced to sign a property seperation agreement or she wouldnt sign realtor papers, i signed with the understanding that the property would be listed and sold and the division was 60/40 in her favor, over the past months i have heard time and again property was to be listed then excuse after excuse not to list, finally i decided to contact a real estate lawyer who sent her a letter saying she was in breach of agreement and that she had until the 16th of January to list. Well that time has come and gone and she refuses to sell, the lawyer I talked to said the next step is partion by sale, suddenly shes saying she wants to put on the market by March 15th which i've heard many time and many different dates. My questions are as follows, can i still follow through on the partion by sale? the house is in both our names but she did own first. Since we live in the same house can i file a non harassment order against her for constant verbal abuse and insults?, if so where can i obtain the form for it and how much does it cost?...i am experiencing serious health issues and am constantly in and out of the hospital while trying to work when i can so i am extremly $ restricted.

Thank you all for your time reading this and giving me any advice or links to where i can obtain any forms i've asked about.

[beebie]

Why don't you file a motion for an Order for sale and make it for a court date right after March 15. Until then, get a real estate agent to value the property.

You say you are a joint tenant owner and need the equity in the house to purchase new accomodation.

The Judge orders that it be listed , and put on the market and the first reasonable offer not less than XXX must be accepted.

Equity is kept in trust until mat prop is settled unless parties agree on distribution.

You might be able to find this at your local law library or else hire a lawyer.

[beebie]

And forget the restraining order....usually involves keeping a long distance apart and this is hard in the same house.

[shlaba]

local law library??..i don't think there is one around where i live, but this motion to order sale i can do myself, or would it be better to have a lawyer? being so finacially restricted due to my ongoing health issues is what is causing me to not be able to afford a lawyer and everything is confusing...last thing, isnt a non harassment order different than a restraining order?

Thanks

[HammerDad]

Originally Posted by beebie

at your local law library

Generally, these are restricted to lawyers only. I can't even get into the one in my city and I am a senior paralegal at the largest law firm in town.

And yes, a non-harrassment order is different then restraining.

If I were you, I'd get a lawyer to file a motion requesting she a) puts the house up for sale ASAP and in marketable condition (she can't leave it a shit hole to prolong things) or b) she buys you out at your proportional share of the equity in the house.

[Tayken]

Originally Posted by shlaba

... Well that time has come and gone and she refuses to sell, the lawyer I talked to said the next step is partion by sale, suddenly shes saying she wants to put on the market by March 15th which i've heard many time and many different dates.

Basically you are technically "joint tenants" probably. If the other party is residing in the property and you are not then you are owed what is known as "occupational rent". It all depends on who pays what bills (mortgage etc).

Now for the partition under the Partition Act. What the real estate solicitor (right solicitor to choose by the way) wants to "sever" (often incorrectly referred to as "breaking") the joint tenancy. This is a real estate transaction and one of the most complex.

Once the partition happens then the house will be easier to sell as someone is going to be removed from title.

Originally Posted by shlaba

My questions are as follows, can i still follow through on the partion by sale? the house is in both our names but she did own first. Since we live in the same house can i file a non harassment order against her for constant verbal abuse and insults?, if so where can i obtain the form for it and how much does it cost?...i am experiencing serious health issues and am constantly in and out of the hospital while trying to work when i can so i am extremly $ restricted.

Don't bother with any of that. Just get the house sold. Your best path to health is not to create any more conflict to deal with. Get the house sold and move on to a new residence and life.

Good Luck!
Tayken

[shlaba]

Thank you for all your help so far, i think i will go into a little more detail in hopes that i can be as informed as possible...1st in the property seperation agreement that i was told i had to sign to list the house its a 60/40 split in her favor, any of the final renos to house she is to supply all materials and labour only from me, a line of credit in both our names she agrees to only pay a 1/4 of..these i feel r the most relevant..the division of equity is what it is...60/40, the finishing work to house she refuses to both supply or pick up any materials so i'm unable to do anything, the line of credit i think she is now refusing to pay the 1/4 she agreed to...also recently the washer and dryer needed to be replaced and went on my credit, i have a signed agreement that she is to make a specific monthly payment and if any payment is missed then it is to be immediatly payed in full...she has skipped payments and refuses to pay account in full.
I have tried to keep this as amicable as possible, i have found a lender for her to buy me out based on equity in the home, i verbally told her i would accept less than the agreed upon 40% so she could keep the house...i feel i have tried or offered her everything except walking away with nothing. She refuses to list the home and with declining health i do not think i can afford the retainer for the lawyer...do i have ANY options that i can do on my own or am i stuck with trying to find money for a retainer to force the sale of the home..which i dont even know how to do...i am very legally illiterate and am a total loss as to what i need to do next to move on with my life...thats all i want, to be able to move on..is this something i can do on my own or am i best to try to borrow money for lawyer and if so can i go after her for legal costs??