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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 02-01-2012, 07:56 AM
shlaba shlaba is offline
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Default How to force sale of house!?

Hopefully some help or advice from some people..first i live in ontario and we were common law..i am trying to figure out how i can force the sale of the home without a lawyer(cant afford one), we have a property seperation agreement and the house was supposed to be listed May 20th 2011 and i have been given excuse after excuse not to list..went to a lawyer and she was given a letter that basically said she has to list property by Jan of this yr but won't, due to some ongoing medical issues i have that keep me in and out of the hospital and unable to work at times i am in serious financial bind, i just wish to move on with my life and cant stand the constant strain of insults and stress in the home, i can't move and afford to pay half the bills here and pay for somewhere else to live..i have no idea what i can do on my own for paperwork for courts, she has verbally agreed to list house in march but refuses to put in writting..is there anything i can do??..i am sinking FAST and it seems to be very one sided considering that i'm the male in the ex relationship?....PLEASE HELP!!???
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Old 02-01-2012, 04:07 PM
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Tayken Tayken is offline
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Originally Posted by shlaba View Post
Hopefully some help or advice from some people..first i live in ontario and we were common law..i am trying to figure out how i can force the sale of the home without a lawyer(cant afford one), we have a property seperation agreement and the house was supposed to be listed May 20th 2011 and i have been given excuse after excuse not to list..went to a lawyer and she was given a letter that basically said she has to list property by Jan of this yr but won't, due to some ongoing medical issues i have that keep me in and out of the hospital and unable to work at times i am in serious financial bind, i just wish to move on with my life and cant stand the constant strain of insults and stress in the home, i can't move and afford to pay half the bills here and pay for somewhere else to live..i have no idea what i can do on my own for paperwork for courts, she has verbally agreed to list house in march but refuses to put in writting..is there anything i can do??..i am sinking FAST and it seems to be very one sided considering that i'm the male in the ex relationship?....PLEASE HELP!!???
No kids in the relationship?

Move out.

Notify the other party to list and sell the property and if they don't do by the agreed upon date you will motion for the immediate sale of the property and equalization.

Then notify the lender (mortgage holder) you have vacated the property. For most mortgage agreements this violates the agreement 90% of the time and they can (if you suggest to them) to call the mortgage. This will force an immediate sale of the home. Also notify the insurance company you have left too. Generally the mortgage agreement and insurance provider require everyone on the agreement to live at the residence.

You can also make a motion for the immediate sale of the property.

Also, you can move out and tell the other party that you will seek "occupational rent" if they continue to reside in the property. You have a right to seek occupational rent from them. (Look it up on the internet.)

Good Luck!
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Old 02-01-2012, 08:31 PM
shlaba shlaba is offline
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ok thank you for the advice..looks like things are coming to some sort of closure by friday...have a lender for retaining the lawyer ive been speaking to...at last this might end after almost a year of crap tryin to sell house!!..ill let you ppl know how it goes and maybe i learn a few things too
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