Forced (judicial?) sale of marital home

[starting_over]

I have a question about the process for having the marital home listed for sale by a judge when no settlement can be worked out between the husband and wife - I hope someone can help? I left my husband and my home in early December to return to my home city which we had left 2 years previous to accommodate my husband's career goals. He remained behind and is still in our house (we are both on title of the house). He insisted from the beginning that he wished to buy out my equity, but through several months now of stalling I now believe that he is not able to qualify to apply more debt to the house as he is carrying approx. $40K of consumer debt in his own name. This has resulted in several versions of the Separation Agreement, none of which he has signed to date. I paid for an appraisal of the property in November which has now essentially gone stale as property values are increasing daily with the busy spring/summer real estate season approaching. I have not asked for anything but my share of the equity in our home, along with a modest amount of spousal support for 6 months (Jan-June/07), the amount was to be reduced once the cheque for my equity was received. Although his lawyer has stated in several letters that my husband found the amount and duration of spousal support to be "reasonable" and that my husband was "ready to sign the Agreement" - neither of these things have happened. My lawyer has twice adjourned an application to have the house sold and is now due to appear in court on this matter in early April. Can you tell me how this works? I understand that a judge would review the case and could order the house to be listed and sold. But then what? My husband is living in the house - can he simply refuse? Or trash the place? What is the process should the judge agree that we have made numerous attempts to settle due to my husband's claim that he can and will pay out my half, but that nothing has been done from my husband's side to move this along? I no longer live in the same city as my husband/house - what do I need to know? Thank you for any assistance you can provide...this is very confusing to me.

[independentgal]

The Partition Act is what you need to refer to I believe. It is the basis to solve these kinds of disputes.

This law combined with a consent order between my ex and I was the reason our property was sold to a third party and not one of us. Here is what I found about the Partition Act;

In this Act,

“court” means the Superior Court of Justice; (“tribunal”)

“land” includes lands, tenements, and hereditaments, and all estate and interests therein. (“bien-fonds”) R.S.O. 1990, c. P.4, s. 1; 2006, c. 19, Sched. C, s. 1 (1).

Who may be compelled to make partition or sale

2. All joint tenants, tenants in common, and coparceners, all doweresses, and parties entitled to dower, tenants by the curtesy, mortgagees or other creditors having liens on, and all parties interested in, to or out of, any land in Ontario, may be compelled to make or suffer partition or sale of the land, or any part thereof, whether the estate is legal and equitable or equitable only. R.S.O. 1990, c. P.4, s. 2.

Who may bring action or make application for partition

3. (1) Any person interested in land in Ontario, or the guardian of a minor entitled to the immediate possession of an estate therein, may bring an action or make an application for the partition of such land or for the sale thereof under the directions of the court if such sale is considered by the court to be more advantageous to the parties interested. R.S.O. 1990, c. P.4, s. 3 (1).



You have every right to have the property sold on the open market. You DO NOT have to agree to a settlement in which you give up title for other considerations.

Good Luck, I hope it works out for you.

[starting_over]

Again, thank you for your response. I have since found out that if my husband were to obstruct the sale in any way, a judge could accept any reasonable offer in order to complete the sale of the house - and would not require my husband's consent.

[runaway]

I know this is an older post but it is the situation I am in right now regarding the sale of the house actually the sale of all assets in his possession. He has been selling off assets. No idea what has happened to the money as he hasn't paid any debts with it and it certainly isn't in trust for equalization. Not that that is surprising as he hasn't paid me a penny since he left and he feels that all our assets should be his and his alone. I am sure that by the end of all this he will realize that you can't always get what you want

[NBDad]

Simply make a list of assets and their approx. replacement value. Then make sure to include your list during the equalization discussions.