No announcement yet.

Is this unjust?

  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Here's one question. We both want the home to be sold. I obviously would like to sell privately. Can a judge order that a real estate agent be used?

    I guess a judge could, if the parties disagree and there is evidence that it would be difficult to sell in private, but if there's no evidence that it could not be done privately, would a judge order such a thing?


    • #17
      A judge will order on the issues that are presented. A judge won't make an order like that unless one of you asks for it.

      When one of you asks for it, they have to provide reasons, arguments, supporting facts. You can't just ask for something in court, unless it is clearly spelled out in legislation like child support. Even then, you have to word it properly.

      Once it is asked for, the other party is able challenge it, try to shoot down the argument, show the reasons are false, show the facts don't match the situation. They are able to ask for their own idea, and support their own idea with reasons and facts of their own.

      There isn't a simple answer for your question. You need to understand how this process works in order to use it properly.


      Our Divorce Forums
      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.