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Proceedure Info required for force of sale of home

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  • Proceedure Info required for force of sale of home

    Hi there, I need some advice. I need to know the process on filing with the Ontario court on how to force the sale of a home with my name on it. I was bought out of the home 2 years ago and was naive into thinking my ex would get my name off of the house quickly but that hasn't happened. He is self employeed and doesn't want to risk not qualifying so it seems that is the reason for leaving my name on there. I want my name off but I am not sure how to force the home up for sale. Are there certain forms I can download and file with the courts on starting this process? I have limited funds and cannot afford a lawyer so I was really hoping this was something I could do on my own as I handled my divorce on my own as well. Any info would be greatly appreciated as my frustration level is thru the roof on this topic and this effects my credit etc... this was also never drafted in the separation agreement because I was an idiot and we just had a verbal agreement and I trusted him or else this would of been taken care of already.

    Thanks in advance.

  • #2
    I would suggest that if you have documentation stating that you were bought out of your share that you would be able to go into the town hall, or municipal building where they have the land registry and present them with your paperwork and ask to have your name removed from the title. I understand that there would be a fee for this and some paper work to fill out right there.

    Have you tried this route?


    • #3
      Hi there, thanks for the response, actually until the mortgage is out of my name i can't change anything and that's what I have been trying to get done but he drags his heels and wastes time. The town won't take my name off the deed until the financial part is done and that means getting my name off of the mortage to start and that's what is taking so long. I just thought maybe there was something i could file on my own thru the courts to force the sale of the home.


      • #4
        Help Please no luck online

        I need to find out the corrcect forms I need to fill out and file with the courts for the force of the sale of a home I was bought out of. Is there such a thing? Can I file on my own? Are the forms available online? My name is on this property and I needed some info on how to force the sale of the home. I would go thru a lawyer but he wanted a retainer of $5000 which I don't have.

        Anything would be greatly appreciated.


        • #5
          Not sure I understand

          You say you were "bought out" of the home two years ago and your name has not been removed from the deed. Did you receive the funds for your share of the home, or is this the issue, you want to be paid out now?

          Just curious because if you were paid out then why worry if your name is still on the title, that would be your ex's problem. Also, if you received your share why would you want to force the sale?


          • #6

            As long as my name is on that property i am responsible if my ex defaults I'm screwed not too mention it buggers my credit, i am no longer there and therefore do not want to be responsible for it. I was bought out 2 years ago and like an idiot i didn't have it in our separation agreement to have my name removed if he is staying in the home, i trusted him and gave him a verbal agreement of 6 months to get it all done he is self employed and was worried he wouldn't qualify and would have to sell. Now that he has found out he does qualify he has dragged his heels on getting the rest done so I wondered what my options are if he takes too much longer to do this.


            • #7
              I am still fully responsible for the property ie, mortgage and property taxes as long as my name remains on there so It isn't just my ex's problem.

              Thanks for the response!


              • #8
                I understand that you do not have any physical documentation that he bought you out? No written agreement, no paper trail regarding his paying you half the value two years ago?

                Perhaps having a formal document served on him requesting he remove your name immediately??? An option that you could look into. You'd probably have a minimal fee for the cost to prepare and serve the document by a lawyer. But wouldn't that far out weight your stresses and potential loss of credit? I'm thinking such a route would more "motivate" him into removing your name if it came from a professional backed with some reference to consequences if he does not comply??

                Just a thought.


                • #9
                  if your name is the sole owner of the property then you ultimately have the sole say to sell the home......he doesnt enter the equation at all....if he chooses to buy the home from you then he can but do it thorough a real estate can deduct whatever he gave you as buyout from the list price......if the tables were turned do you not think he would do the same.....after the history I have endured I would never do what you have done leave a mortgaged residence with my name as sole responsible party (financially) to someones word......divorce can get very nasty and the other person can just go back on verbal agreement.....verbal agreements do not hold up in need documentation......I would be getting that house appraised by 3 real estate agents ASAP and get it listed..give him the option to take over mortgage if thats what he wants.......but for God sakes get your name off it or next thing you know the bank will be knocking/calling you for money or the city will be calling you for back taxes.. ....cross your i"s and dot your t's


                  • #10
                    Don't know if this would work or not, but you could tell him that if he doesn't get your name are going to sue him for half the cost again or force the sale of the home..not having appropriate paperwork could work in your favour in this regard...just like you can't prove he did buy you out and therefore take your name off..neither can he.

                    Perhaps the prospect of being ordered to pay you yet again will light a fire under his butt.


                    • #11

                      Both of our names are on the property so in order for me to get off of it he has to soley qualify and great news he has contacted the lawyer and booked the appt. to do the covenent change of the property so here's hoping! I did have proof in our agreement of the buy out too me but I didn't have it in writing he had so much time to get my name removed we did one ourselves which was a mistake without legal representation there. To fight him and sue him would of cost me thousands i went and saw a lawyer. I also could of tried to have my agreement void but a judge could go either way and it may cost me for nothing in the end. At least the latest is he is trying to make an attempt to get into the lawyers office and set something up so it's progress. He is a long distance truck driver so the hardest thing is he isn't around much.


                      • #12
                        he doesnt need a lawyer he needs to see a mortgage broker........then a real estate lawyer.......hes got this backwards.......the only way he needs to see lawyer first is if he has the cash to clear the whole mortgage and then why would he need s lawyer whereas he could do agreement with you...he could give you the cash to pay off the bank and you sign the house over to him at his transfer cost not yours........


                        • #13
                          yes lawyer needed

                          this is called a covenant change and the deed on the property and the mortage has to go thru the lawyer to be changed to his name espcially the property tax it's just like buying a house the mortage co. needs this to go thru the lawyer in order to make any changes the lawyer he is seeing is a real estate lawyer not a criminal lawyer. and he covers all expenses to make this change which is great! He doesn't have the funds to just buy the property out right he is just taking it over and solely having the mortgage and property in his name.


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