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Is the law black and white?

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  • Is the law black and white?

    First court zoom appearance....last time in front of a judge he said they needed to come closer together, but thought it unlikely.

    Since then, my partner has been on a medical leave...ei..of approx 2000$ a month...his ex gets 4000$ a month in pension.

    he is paying her 1276 a month for spousal and child support.

    He cannot meet his payments monthly and I am helping him out, (I pay my ex support so this is tough) We need to make it to end of month so in front of judge he has made every single payment.

    My long rambling question is: The house is mortgage free, she has lived there for 18 months, rent free, while he cant meet his obligations......due to covid related delays. To continue support he needs his half of the house sold asap.
    Can and will the judge force her to sell? Like he cant say, if you cant pay give her your half of the house?

    He has cashed out as much as he can in rrsp money..but cant anymore....

    Sorry for the long post but if anyone has any idea of what "might" or could happen...please respond.

    Also someone told us it is who presents the best..but I think the law has to come into play no matter what

  • #2
    In family law (civil litigation) nothing is "black and white" really. Everything is determined on the balance of probabilities. There is a lot of grey in family lw.

    Your partner needs a lawyer to sort this all out. In short... yes, a judge can order a house to be sold. These are basic questions you can get solved with a google search and by searching this forum.

    For example google nets this on a simple search: https://www.ontariofamilylawblog.com...rimonial-home/
    Last edited by Tayken; 01-03-2021, 04:38 AM.

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    • #3
      Thank you for that link. It is what I thought. Her lawyer has put the offer on the table..of signing the house over..llus a chunk of his pension..and then no more monthly support. Even the judge questioned that..saying it would be foolish as hes close to retirement. So off to court it goes.

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      • #4
        Forget about what "her lawyer" says. They are there to represent the ex. It's their job to be biased and unreasonable in the ex's favour.

        You have to get your own legal advice to determine your position so you can make a counter offer.

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        • #5
          He has his own lawyer

          But the end of this month is first court date..and idk..his lawyer doesnt seem as sharp as her's...but if the law is the law....

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          • #6
            Originally posted by canthisberight View Post
            But the end of this month is first court date..and idk..his lawyer doesnt seem as sharp as her's...but if the law is the law....

            It could be that she is right and your lawyer is trying to stop the bleeding. If she has the entitlement then even a great lawyer cant beat that.


            Sent from my iPhone using Tapatalk

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            • #7
              Originally posted by rockscan View Post
              It could be that she is right and your lawyer is trying to stop the bleeding. If she has the entitlement then even a great lawyer cant beat that.


              Sent from my iPhone using Tapatalk
              How would she have the entitlement? Im just trying to understand. They bought and paid for the house together, period.

              He, my partner has been on sick leave for a year...only income is ei. Its not even close to covering his bills...and at this point I pay all of our apartment rent and utilities.

              At this point he has not missed any obligations to her or child. childs tuition due next week. he tried to collapse his own LIRA account, tpo pay his share...but due to a 3 year seperation clause..she needed to sign and refused.

              So either I advance the money for his childs tuition...or he doesnt pay and court is in three weeks. Wont look very good on him.

              Total mess

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              • #8
                Originally posted by canthisberight View Post
                How would she have the entitlement? Im just trying to understand. They bought and paid for the house together, period.
                She has entitlement to support and if he can’t pay it then she can argue for a lump sum from his share of the house.

                He, my partner has been on sick leave for a year...only income is ei. Its not even close to covering his bills...and at this point I pay all of our apartment rent and utilities.
                Why has support not been adjusted in the past year then? Have they not had a court appearance? If he didn’t have you what would he do?

                At this point he has not missed any obligations to her or child. childs tuition due next week. he tried to collapse his own LIRA account, tpo pay his share...but due to a 3 year seperation clause..she needed to sign and refused.
                Don’t pay it. Tell her she can take it from the overpayment of support he has been making the last year while on sick leave. Tell her he is waiting for it to be ordered based on his new income or just ignore her.

                So either I advance the money for his childs tuition...or he doesnt pay and court is in three weeks. Wont look very good on him.
                Has his lawyer not raised his new income in any documents? It won’t look bad on him that he has a reduced income and has been trying to adjust it and now has nothing to live on.

                Total mess
                But it’s not your mess. Remember that you are a partner to this person NOT the parent or ex partner of his ex. He could very well be taking advantage of you through all of this. Does he plan to pay you back when its over?

                Im not trying to sound mean, Im trying to be a voice of reason here. He has been fighting with his ex wife of a longer term marriage over assets he acquired with her. He could simply offer to hand the house over on the agreement he is done paying support. Or he could continue to fight for something that is slowly being whittled down to nothing. It may be time for him to start getting real with himself. If his bills to fight for half the house are more than that amount then he is digging a hole he can’t get out of.


                Sent from my iPhone using Tapatalk

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                • #9
                  He refuses to hand her the house

                  Even the judge said it would be foolish to do that as he is getting close to retirement age...he has mentioned several times to his lawyer about the reduced income and even tried to get the court case moved up...to no avail..this is covids fault

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