Motion - Ottawa Divorce .com Forums

Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law
Motion

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

Reply
 
Thread Tools
  #1  
Old 08-30-2020, 09:48 AM
guggan guggan is offline
Junior Member
  
Join Date: Jul 2020
Posts: 5
guggan is on a distinguished road
Default Motion
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?
Reply With Quote
  #2  
Old 08-30-2020, 11:49 AM
Jeff's Avatar
Jeff Jeff is offline
Administrator
  
Join Date: Sep 2005
Location: Buried in paperwork
Posts: 649
Jeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud of
Default
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.
__________________
Ottawa Divorce
Reply With Quote
  #3  
Old 08-30-2020, 12:05 PM
guggan guggan is offline
Junior Member
  
Join Date: Jul 2020
Posts: 5
guggan is on a distinguished road
Default
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.
Reply With Quote
Reply

« Previous Thread | Next Thread »

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Confused about Motions - Can ex respond to motion with a motion? opticnerve Divorce & Family Law 2 08-18-2019 02:21 PM
Ex is Military stillstrong Financial Issues 22 06-03-2011 06:31 PM
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 03:46 PM
Motion Procedure Cobourg Divorce & Family Law 0 04-23-2010 08:39 AM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 07:47 AM.

Contact Us - Divorce - Français - Archive - Top