How to force the sale of home?

[undersc0re]

I am stuck with this home I can not afford, Mother inlaw and stbx are on the homes papers as well. Mother inlaw is crazy and wont accept money and is playing a delay game with me wasting my time and lawyer money. The stbx does not talk to her mother at all. She won't respond to my emails, I even offered her to just take the house, I have offered her lots of money, I made an offer to sell the house and split the money 3 ways evenly in the end....she just plays us. She is funny in the head though and likes the games, I am not sure what would be the most efficient way to deal with this woman, can I start some sort of process myself through the courts, she won't work well with a mediator either unfortunately. The stbx will agree to anything, I am going to be claiming bankruptcy if I stay in this home for another 6 months approx.

[Once.is.enough]

Bancrupcy has it's advantages in equalization if you have a pension.

[blinkandimgone]

You and the ex would have to work out equalization of your shares of the home buy your MIL would not be a part of that. You would need to work that out separately with her as she is not party to the divorce process.

Perhaps work out your stuff with the ex and leave her to hash out the rest with her mother.

[Beachnana]

Well of MIL will not speak with you or daughter I expect you can take this to court and force the sale.

It is separate from the divorce. So do the equalization calculations with your ex. Show MIL as owning a 1/3 of house equity and debt and maybe if you work it all out that you dump the house on The ex and and walk away so she can deal with mother.

Offer her you 1/3 of house equity and offset any other assets - pension etc. Make sure you get 3 fair appraisal and serve this to the ex in a motion if she ignores it then you have served it and she has uncontested it and you go before the judge to get it signed off.

I suspect if you make the calculations and walk away from the house with ofsett equity in your pocket she will either take it. Because thats what MIL really wants or will come back with counter offer. Either way you now,have her in a process.

All,the time you keep it informal she can ignore it and you and play games.

Just do up your divorce/ separation papers and let it play out.

There are plenty on here who will give you pointers on what forms and the process.

Good luck.

[North of 40]

If you go to court the judge can have the house put up for sale.

In Ontario (Milton Court) anyway. Either at a 'Case Conference' , 'Settlement Conference' etc.

[undersc0re]

So skip the game with the mother inlaw, skip the mediator and agreements to try and sell it? Is it possible to go straight to court for sale of home only? Nothing to put forth such as my income and all that stuff. Just tell the lawyer I only want to sell the home asap? Keeping in mind the mil will be playing this out and delaying it as long as possible. I already changed the locks, can I keep her out in order to keep her from further damaging the home while it sells? Would it be good to offer an immediate sale of the as is where and each of us taking 1/3 of whatever the final is left over? Should I try and even bother asking for more because of my extra legal fees to do this, or her initial arrangement to sign the home over after she lived with us rent and bill free for a few years, she has not help with any payments other than the initial help buying the home with us.....I would be happy to just sign the thing over, but even that is going to require a legal case.

What is the total cost of something like this, and is it a supreme court case that won't even finish for another year, would I have to pay for their court costs for pushing this issue? Mil thinks I should be putting thousands of dollars into the home to bring it to $$$ level of other homes around here and it should sell for that, thats what she wanted initially, also she wants a little more than what she put into it to begin with, would I then counter that and say I want what I put into it initially and she can have the house?

I would like to push the sale anyhow and do not want to pay their legal fees for doing that, I do not have money left to play games with this lady either. If I have zero money in the bank, at what point do they start bugging her for mortgage payments?

Already had a jcc, had a mediator deal with us and the mil would only agree to put the house up for what the city's tax assessment was showing, which was about 50 grand higher than what the average house like this was selling for, we did not receive any offers yet, it has been 9 months, mind you its just kijiji. The only couple that came and looked immediately left after a quick look, and said its not the home for them.

[FB_]

File a motion asking for the house to be sold

“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.”

Partition Act, R.S.O. 1990, c. P.4, s.2.

A joint tenant has a prima facie right to the sale of the Home.

Pagnanelli v. Pagnanelli [2002] O.J. No. 2705 (Ont. S.C.J.) at para 8.

[undersc0re]

Still, in the process, I do have another question, can someone take over the mortgage and just assume it as is and carry on with the payments as well as take on the title of the home and same cmhc etc. Just had someone ask if its being sold privately, if I could move on the price. I could if all this avoidance of realtors and extra cost could be reduced by just transferring the house, instead of the whole process where everyone gets a hand in it, and just letting the mil have the money....I assume it has to go through the whole process.

The pagnanelli case is good, but is there another where i can show the process has to be fairly quick somehow, she is gonna drag her feet as long as she can. Or come up with a fair deal and not follow through at last minuite.

[undersc0re]

So many months later I played the game and lost wasting money on contracts and paying a hefty mortgage I can barely afford while also taking care of 2 children. The children and I have been played like puppets, and I tried way too long outside of court due to cost to move along with sale of house, finally going to the next step after mediation did nothing to further the sale.

Does anyone have any input before going to court to force the sale as in getting the judge to push the sale quicker...like selling it at an actual price where it will sell or is it a special process to be fair to the other party wanting the most money possible, as well as their chance for me to pay down more of the principal. Is there ever a chance they only get what the house was paid to when they moved out...is every case special or does it go on primafacie type cases such as a case where it gets sold and everyone gets a 3rd of debt or money made off the home. There was a verbal agreement which was made initially but one party will not agree on time stated....only proof I have are some texts and emails of replys of her stating all sorts of different agreements...my personal view is one of the other partys is attached to the home as she has some control over me and she is having fun with it, the other party doesnt care if she gets anything from the house....I want to sell it to move on and relieve any stress financially and stress all together on the kids and I, I figure asking to sell the house asap is too simple and the other party moght throw a bunch of crap in like pay my legal costs and I want all my money back, And counter with a bunch of crap, I simple am looking for the best way to avoid a long process and am wondering how to ask the judge for a quick fair equal sale, without the other 2 partys slowingthe process or slowing it down with some delay tactic when I file....I have been patient and fair and I want to move on now quickly.

I understand it goes in steps, I just want to know if there are short steps or steps to get the judge to stop the other party from any delay tactics, does my introducing game playing texts emails and posted letters by the other parties help or am I going to be put in the usual process no matter what for the forced sale of a home and any evidence put forward by me might delay the process, which would cost me more mortgage payments and legal fees...?

[Craigerst]

I am not sure if this is relevant but I eventually got my mm home for sale with a letter from my lawyer to spouse lawyer saying we would go to court to force sale of home and recover the legal costs of this action. House was on market within a week. Sounds like your issue is much more complicated

[arabian]

Read FB's post again.

Get a bank appraisal done on the home and get the court to order sale perhaps with a buyout for other parties to buy you out within 30 days. Failing the buyout the home is listed for appraised value and price decreased 5,000.00 every 30 days it is on market until sold.

That should speed things up.