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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 04-21-2010, 10:54 AM
averytiredman averytiredman is offline
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Default partition or sale?

She still refuses to sell the house - both of our names are on the title and mortgage. Anyone know anything about how to get a judgement on partition or sale.
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Old 04-22-2010, 10:26 AM
Paytable2 Paytable2 is offline
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I assume you have moved out and she has possession of the mat. home?
Yours is the very reason I refused to move out until the S/A was in force and all issues were dealt with.

Now, you don't give any details but if you have a S/A that says the house gets sold and that is filed with the court but she refuses to comply she is in breach of the agreement. You would need to ask the court to roll the S/A into a court order and then she will be in breach of the court order if she still refuses.

If you do NOT have a S/A and have just left the home you've got an up hill battle, especially if kids are involved. My lawyer told me a judge can not order the home sold but would hand down an order for equalization of the asset where the one keeping the home pays out the other. The value is typically assessed by BOTH of you providing separate professional appraisals. The value is usually the average of both. If you don't agree on her appraisal then you could have the appraisers suggest or appoint a 3'rd appraisal.

If you get to trial (which we know almost never happens) there may be different rules re: orders to sell a home? If she wants it so bad let her keep it and have her buy you out in cash, trade for other assets Ie: RRSP's, investments etc etc. My X kept the house and paid me a reduced equalization in lieu of spousal support (this needs to be VERY carefully worded in a S/A or other legal document).

In the end it's not worth fighting over the house. Let her have it if she really wants it, forcing the sale will only bring you momentary satisfaction, maybe it is a card you can use to prompt her to get more reasonable?
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Old 04-22-2010, 10:55 AM
averytiredman averytiredman is offline
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I did have a lawyer that was supposed to take care of all of this. All | know is that we share custody of our son and i pay child support through FRO and since I know longer have a lawyer nothing has been done. I have sent letters to her and her lawyer to settle this matter. I would be more then happy for her to buy out my share. According to my previous lawyer this matter was to be transferred to superior court. I am so lost in all of this. She keeps putting me off but she has a lien on the house through legal aid. Doesn't she have to sell.
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