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Matrimonial Home

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  • Matrimonial Home

    So...I have been separated from my common law spouse for 2.5 years now. We still jointly own a home together that I currently live in. We each pay for half the mortgage. I have recently contacted my ex about selling the home. I am wanting to move and buy a place of my own. He said the market is not the greatest right now so he won't agree to list the home. I asked him to buy me out. Again, he said no. I have alot of money tied up in this house which I need to buy a place for myself. Can he hold me hostage like this?! Are the courts able to help me? Thanks,

  • #2
    I think the courts would be able to help you. You have been reasonable and offered him two different ways of dealing with the house. Why wouldnt you want to buy him out??


    • #3
      It's way too big for just me. The kids are gone to University so I am looking to downsize! Plus, I can't keep up with the yard work or the maintenance.


      • #4
        In Toronto, prices are still rising, but # sales are way down. Unless it is different where you are, I don't think he has any leg to stand on. If you were looking for a quick sale, that might be a different story, because you might be forced to accept a lower price.

        Not sure, but I guess since he has been paying a share of the mortgage all along, it is the 'current date' equity that you will be splitting, not the 'separation date' equity?

        Possibly, if you can decide on a target price, then if it sells for less, YOU make up the shortfall. Might be a way to get it going if reason and court threats don't work.
        Last edited by dinkyface; 04-30-2013, 09:13 PM.


        • #5
          Can he hold me hostage like this?!
          Yes. You have jointly held property; neither of you can sell it without the other.

          Are the courts able to help me?
          Yes. Application, seeking the sale of jointly held property. It is not a matrimonial home because you were not married. s.96-100 of the CJA grants the judge powers under equity.


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