Court date to sell matrimonial home

J

jackandjill2000

New member
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?
 
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.
 
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.
 
jackandjill2000 said:
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?
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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).
 
DHTO said:
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).
Click to expand...

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.
 
Brampton33 said:
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.
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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.
 
Tayken said:
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.
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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.
 
jackandjill2000 said:
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.
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Have you started an application with the court? Why are you paying a lawyer but doing nothing. It's hard to claim urgency when you've waited 2+ years. Start the process. Hopefully you won't have to wait 7-8 months, which I'm assuming is due to the holidays and trial sittings.
 
StillPaying said:
Have you started an application with the court? Why are you paying a lawyer but doing nothing. It's hard to claim urgency when you've waited 2+ years. Start the process. Hopefully you won't have to wait 7-8 months, which I'm assuming is due to the holidays and trial sittings.
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Good to know my ex can't claim he urgently needs to sell the matrimonial home. He has plenty of access to assets he can easily convert and turn into cash.
 
rockscan said:
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.
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you are an absolute savage...that was such a good burn

I have a feeling at some point her case will show up on canlii or the corollary relief twitter feed and you will have some good reading materials for entertainment
 
StillPaying said:
It wasn't savage or a burn; simply an observation. You come off goofy. Grow up!
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He was talking about my comment about trueblue.

As for TB22, don’t get cocky. He can go for costs (and will win) if you continue to drag your feet on disclosure. See how you like 75 grand for your lawyer and another 75 for his!!
 
jackandjill2000 said:
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.
Click to expand...

Urgent motions would be mobility cases, cases where access is unilaterally cut off, and cases involving violence.

Unfortunately being pushed into the poor house is not considered urgent.
 
It has been a good 8 months and my ex still refuses to vacate and sell the matrimonial home. We do have a process in place now (med/arbitration scheduled for October).

It is clear from her email correspondence she expects me to "make up" the difference from what she preceives the matrimonial home was worth when we seperated and refuses to accept a lower value. Is that true? I am the one that has been trying to get her to sell for years.
 
Court date to sell matrimonial home

jackandjill2000 said:
It has been a good 8 months and my ex still refuses to vacate and sell the matrimonial home. We do have a process in place now (med/arbitration scheduled for October).

It is clear from her email correspondence she expects me to "make up" the difference from what she preceives the matrimonial home was worth when we seperated and refuses to accept a lower value. Is that true? I am the one that has been trying to get her to sell for years.
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I don’t believe so. Much like the stories in the news say, having waited to sell and seeing the market collapse is the seller’s fault. If she had sold when it was hot she would have reaped the benefits. She doesn’t get to demand more money from you for dragging her heels.

ETA: did you get an appraisal of the house when you split? You may want to look into that. Or if you have details on comparable sales in the neighbourhood. That would set the value of the house. My husband’s ex refused to accept that their house had increased in value and that it expected to be more money when they split. He had a realtor appraise its value at much higher than his ex wanted. He didnt bother spending the money fighting her on it because it was one of the non starter items in their debate. He wasn’t going to spend 30 grand to walk away with only 10 more.
 
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