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Court date to sell matrimonial home

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  • Court date to sell matrimonial home

    Good afternoon,

    I live in Toronto and my ex is being difficult. She refuses to vacate and sell the matrimonial home by claiming the kids need to stay there. She won't provide financial disclosure. Does anyone know how long it'll take to get a motion heard before a judge?

  • #2
    Ok are you divorcing Trueblue22 because this sounds like her!! Or maybe you are trueblue and asking to test your options!

    Depends on the motion and the court. You could try to contact the court and see what the timelines are for that court.

    Comment


    • #3
      You could have a motion within weeks, but may not be successful.

      Comment


      • #4
        How would I go about that? I would just like a divorce and to move on with my life.

        Comment


        • #5
          Depends where you are with your file, but just go to court and book it.

          Application, first appearance, case conference, motions (if needed), more conferences (SC, TMC, TSC, EPT), then trial. Or come to an agreement.

          Comment


          • #6
            Originally posted by jackandjill2000 View Post
            Good afternoon,

            I live in Toronto and my ex is being difficult. She refuses to vacate and sell the matrimonial home by claiming the kids need to stay there. She won't provide financial disclosure. Does anyone know how long it'll take to get a motion heard before a judge?
            Exactly my situation.

            I filed my application (Toronto) in early August, and my case conference is first week of January. No motions except urgent one before the CC.

            I'm guessing at least 2 more months before a motion will be in front of a judge. So 7-8 months total?

            The good news is that once you do get in front of a judge it is basically a slam dunk. Tons of case law in your favour.

            Especially if your ex refuses to disclose financials, because the burden of proof shifts to her to show that it would cause a hardship or that she is being denied the right to purchase it after equalization (very tough to prove without financials).

            Comment


            • #7
              Originally posted by DHTO View Post
              Exactly my situation.

              I filed my application (Toronto) in early August, and my case conference is first week of January. No motions except urgent one before the CC.

              I'm guessing at least 2 more months before a motion will be in front of a judge. So 7-8 months total?

              The good news is that once you do get in front of a judge it is basically a slam dunk. Tons of case law in your favour.

              Especially if your ex refuses to disclose financials, because the burden of proof shifts to her to show that it would cause a hardship or that she is being denied the right to purchase it after equalization (very tough to prove without financials).
              What would be considered urgent? I have a lawyer on limited retainer since my ex changed the locks on me. I haven't been inside my house for over 2+ years and have been forced to rent. I'm trying to limit my costs. I already know my ex won't be able to buy me out but I can't afford to delay for much longer. I need to access my equity.

              Comment


              • #8
                Originally posted by Brampton33 View Post
                This cannot be TB22's ex the poster later says he is on a limited scope retainer. TB22's ex makes well over $500k per year and can easily afford a good lawyer on retainer.
                Wouldn't be the first time on this forum where that happens. :O I have seen it happen a few times... :O Funny when it happens.

                Comment


                • #9
                  Originally posted by Tayken View Post
                  Wouldn't be the first time on this forum where that happens. :O I have seen it happen a few times... :O Funny when it happens.
                  Not always funny. I remember I guy on here who went to get his daughter after seeing his ex’s emotional meltdowns on YouTube with daughter in the background. Then his ex showed up here for help and the whole situation was just sad.
                  I hope he was able to get his daughter the help she needed, and I hope his ex was able to straighten out her life.

                  Comment


                  • #10
                    Originally posted by jackandjill2000 View Post
                    What would be considered urgent? I have a lawyer on limited retainer since my ex changed the locks on me. I haven't been inside my house for over 2+ years and have been forced to rent. I'm trying to limit my costs. I already know my ex won't be able to buy me out but I can't afford to delay for much longer. I need to access my equity.
                    Have you started an application with the court? Why are you paying a lawyer but doing nothing. It's hard to claim urgency when you've waited 2+ years. Start the process. Hopefully you won't have to wait 7-8 months, which I'm assuming is due to the holidays and trial sittings.

                    Comment


                    • #11
                      What are we talking abiut here?

                      Comment


                      • #12
                        Originally posted by StillPaying View Post
                        Have you started an application with the court? Why are you paying a lawyer but doing nothing. It's hard to claim urgency when you've waited 2+ years. Start the process. Hopefully you won't have to wait 7-8 months, which I'm assuming is due to the holidays and trial sittings.
                        Good to know my ex can't claim he urgently needs to sell the matrimonial home. He has plenty of access to assets he can easily convert and turn into cash.

                        Comment


                        • #13
                          Originally posted by rockscan View Post
                          Ok are you divorcing Trueblue22 because this sounds like her!! Or maybe you are trueblue and asking to test your options!

                          Depends on the motion and the court. You could try to contact the court and see what the timelines are for that court.

                          you are an absolute savage...that was such a good burn

                          I have a feeling at some point her case will show up on canlii or the corollary relief twitter feed and you will have some good reading materials for entertainment

                          Comment


                          • #14
                            It wasn't savage or a burn; simply an observation. You come off goofy. Grow up!

                            Comment


                            • #15
                              Originally posted by StillPaying View Post
                              It wasn't savage or a burn; simply an observation. You come off goofy. Grow up!

                              He was talking about my comment about trueblue.

                              As for TB22, donít get cocky. He can go for costs (and will win) if you continue to drag your feet on disclosure. See how you like 75 grand for your lawyer and another 75 for his!!

                              Comment

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