Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 10-26-2021, 04:43 PM
jackandjill2000 jackandjill2000 is offline
Junior Member
 
Join Date: Aug 2021
Posts: 19
jackandjill2000 is on a distinguished road
Default Court date to sell matrimonial home

Good afternoon,

I live in Toronto and my ex is being difficult. She refuses to vacate and sell the matrimonial home by claiming the kids need to stay there. She won't provide financial disclosure. Does anyone know how long it'll take to get a motion heard before a judge?
Reply With Quote
  #2  
Old 10-26-2021, 06:57 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,905
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Ok are you divorcing Trueblue22 because this sounds like her!! Or maybe you are trueblue and asking to test your options!

Depends on the motion and the court. You could try to contact the court and see what the timelines are for that court.
Reply With Quote
  #3  
Old 10-26-2021, 07:32 PM
StillPaying StillPaying is offline
Banned
 
Join Date: Jun 2018
Posts: 652
StillPaying has a little shameless behaviour in the past
Default

You could have a motion within weeks, but may not be successful.
Reply With Quote
  #4  
Old 10-26-2021, 08:29 PM
jackandjill2000 jackandjill2000 is offline
Junior Member
 
Join Date: Aug 2021
Posts: 19
jackandjill2000 is on a distinguished road
Default

How would I go about that? I would just like a divorce and to move on with my life.
Reply With Quote
  #5  
Old 10-26-2021, 09:05 PM
StillPaying StillPaying is offline
Banned
 
Join Date: Jun 2018
Posts: 652
StillPaying has a little shameless behaviour in the past
Default

Depends where you are with your file, but just go to court and book it.

Application, first appearance, case conference, motions (if needed), more conferences (SC, TMC, TSC, EPT), then trial. Or come to an agreement.
Reply With Quote
  #6  
Old 10-26-2021, 10:36 PM
DHTO DHTO is offline
Member
 
Join Date: Apr 2021
Posts: 39
DHTO is on a distinguished road
Default

Quote:
Originally Posted by jackandjill2000 View Post
Good afternoon,

I live in Toronto and my ex is being difficult. She refuses to vacate and sell the matrimonial home by claiming the kids need to stay there. She won't provide financial disclosure. Does anyone know how long it'll take to get a motion heard before a judge?
Exactly my situation.

I filed my application (Toronto) in early August, and my case conference is first week of January. No motions except urgent one before the CC.

I'm guessing at least 2 more months before a motion will be in front of a judge. So 7-8 months total?

The good news is that once you do get in front of a judge it is basically a slam dunk. Tons of case law in your favour.

Especially if your ex refuses to disclose financials, because the burden of proof shifts to her to show that it would cause a hardship or that she is being denied the right to purchase it after equalization (very tough to prove without financials).
Reply With Quote
  #7  
Old 10-26-2021, 10:51 PM
jackandjill2000 jackandjill2000 is offline
Junior Member
 
Join Date: Aug 2021
Posts: 19
jackandjill2000 is on a distinguished road
Default

Quote:
Originally Posted by DHTO View Post
Exactly my situation.

I filed my application (Toronto) in early August, and my case conference is first week of January. No motions except urgent one before the CC.

I'm guessing at least 2 more months before a motion will be in front of a judge. So 7-8 months total?

The good news is that once you do get in front of a judge it is basically a slam dunk. Tons of case law in your favour.

Especially if your ex refuses to disclose financials, because the burden of proof shifts to her to show that it would cause a hardship or that she is being denied the right to purchase it after equalization (very tough to prove without financials).
What would be considered urgent? I have a lawyer on limited retainer since my ex changed the locks on me. I haven't been inside my house for over 2+ years and have been forced to rent. I'm trying to limit my costs. I already know my ex won't be able to buy me out but I can't afford to delay for much longer. I need to access my equity.
Reply With Quote
  #8  
Old 10-27-2021, 09:21 AM
Brampton33 Brampton33 is offline
Senior Member
 
Join Date: Feb 2021
Posts: 345
Brampton33 is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
Ok are you divorcing Trueblue22 because this sounds like her!!
This cannot be TB22's ex the poster later says he is on a limited scope retainer. TB22's ex makes well over $500k per year and can easily afford a good lawyer on retainer.
Reply With Quote
  #9  
Old 10-27-2021, 10:02 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,514
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Brampton33 View Post
This cannot be TB22's ex the poster later says he is on a limited scope retainer. TB22's ex makes well over $500k per year and can easily afford a good lawyer on retainer.
Wouldn't be the first time on this forum where that happens. :O I have seen it happen a few times... :O Funny when it happens.
Reply With Quote
  #10  
Old 10-27-2021, 10:09 AM
paris paris is offline
Senior Member
 
Join Date: Jun 2007
Posts: 598
paris is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
Wouldn't be the first time on this forum where that happens. :O I have seen it happen a few times... :O Funny when it happens.
Not always funny. I remember I guy on here who went to get his daughter after seeing his ex’s emotional meltdowns on YouTube with daughter in the background. Then his ex showed up here for help and the whole situation was just sad.
I hope he was able to get his daughter the help she needed, and I hope his ex was able to straighten out her life.
Reply With Quote
Reply


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 Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Access to family Home by ex spouse who does not live here! ANewLife Divorce & Family Law 8 02-17-2009 11:33 AM
We Didn't File Form 14C - Court Date Tomorrow! #1StepMom Divorce & Family Law 7 12-09-2008 11:29 PM
First court date coming up tomorrow...opinion? Dooks Divorce & Family Law 4 10-08-2008 11:56 AM
Can spouse 'force' another out of Maternal home? hubby Divorce & Family Law 12 12-12-2005 11:19 AM


All times are GMT -4. The time now is 09:04 AM.