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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 08-30-2020, 09:48 AM
guggan guggan is offline
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Hello,
What forms are to be filled out for filing a motion to sell the matromional home if the divorce application hasn't been filed yet? Is financial statement required?
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Old 08-30-2020, 11:49 AM
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Jeff Jeff is offline
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According to your previous threat -

https://www.ottawadivorce.com/forum/...ad.php?t=23250

you already served and filed an application.

If you are in Ontario, you are going to have a difficult time bringing a motion for selling the matrimonial home before filing the application.

But otherwise, you would use the normal forms you would for a motion: notice of motion and affidavit.

You would also need a financial statement. Rule 13(1) of the Family Law Rules states that if a motion contains a property claim, then a financial statement must be served and filed with the claim. The sale of family property is a property claim.
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Old 08-30-2020, 12:05 PM
guggan guggan is offline
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Quote:
Originally Posted by Jeff View Post
According to your previous threat -

https://www.ottawadivorce.com/forum/...ad.php?t=23250

you already served and filed an application.

If you are in Ontario, you are going to have a difficult time bringing a motion for selling the matrimonial home before filing the application.

But otherwise, you would use the normal forms you would for a motion: notice of motion and affidavit.

You would also need a financial statement. Rule 13(1) of the Family Law Rules states that if a motion contains a property claim, then a financial statement must be served and filed with the claim. The sale of family property is a property claim.
Ok thanks...I was asking for someone else.
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