trueblue22
New member
My ex is planning on taking me to court to force the sale of the house. How backlogged is the courts.I know I will lose this one but just want to know how long I have before we appear before a judge.
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Court date
- Thread starter trueblue22
- Start date
If he gets an emergency motion it would be soon. Plus it depends on your local court. And if they hear “simple” motions.
You do realize if you lose you would be on the hook for his costs right? So $5000-10,000 for your lawyer and 5,000 to 10,000 for his.
Sell the house and stop being an idiot.
You do realize if you lose you would be on the hook for his costs right? So $5000-10,000 for your lawyer and 5,000 to 10,000 for his.
Sell the house and stop being an idiot.
StillPaying
Member
If he gets an emergency motion, it would be the same day.
If he gets an urgent motion, it could be about 2 weeks.
If he gets a regular motion, it could be about 2-3 months (including 1st appearance and case conference)
If he gets an urgent motion, it could be about 2 weeks.
If he gets a regular motion, it could be about 2-3 months (including 1st appearance and case conference)
pinkHouses
Banned
If he gets an emergency motion it would be soon. Plus it depends on your local court. And if they hear �simple� motions.
You do realize if you lose you would be on the hook for his costs right? So $5000-10,000 for your lawyer and 5,000 to 10,000 for his.
Sell the house and stop being an idiot.
I keep hearing those 5K - 10K numbers for house sale stuff. All my motions were ~3K for the lawyer, expensive lawyers too.
What is special about the house sale thing?
pinkHouses
Banned
Just settle, sell the house and move on with you life.
Ask for a concession from them, maybe you get it.
It is coming you can't stop it so just do it instead of buying the lawyers kids things.
Ask for a concession from them, maybe you get it.
It is coming you can't stop it so just do it instead of buying the lawyers kids things.
trueblue22
New member
If he gets an emergency motion, it would be the same day.
If he gets an urgent motion, it could be about 2 weeks.
If he gets a regular motion, it could be about 2-3 months (including 1st appearance and case conference)
What would make it considered urgent?
I keep hearing those 5K - 10K numbers for house sale stuff. All my motions were ~3K for the lawyer, expensive lawyers too.
What is special about the house sale thing?
Motion would be 3-5 hours, prep would be 3-4 hours, filings, meeting and scheduling would be 5-7 hours. You’re looking at possibly $8000 right there. Plus his costs.
If you know you are going to lose why are you not selling? You must be in the hole pretty deep now.
pinkHouses
Banned
It seems like you are simply trying to prolong things....I didn't get birthdays. Didn't even bother asking. Think of some minor token to make yourself happy that they don't care about so much.
You sound like my ex acting like a dingbat. In the end she screwed me a lot and herself even more. Protect yourself but do good by your kids and even your ex and yourself.
You sound like my ex acting like a dingbat. In the end she screwed me a lot and herself even more. Protect yourself but do good by your kids and even your ex and yourself.
I'm going through the same situation, except in reverse. My ex is refusing to move out (and refusing to pay occupation rent). No mortgage, so I'm paying rent and she's living expense free. Ex is waving the "disruption to the kids" flag like Spartacus and I can't do anything until the first case conference.
My big concern is that CMHC is calling for a market correction due to the pandemic stimulus funds drying up and I may lose tens of thousands of dollars in a delayed sale of the house.
OP. be prepared to pack up the house, because once the judge signs the court order you can bet that your ex will include a clause that you have to vacate within 30 days.
My big concern is that CMHC is calling for a market correction due to the pandemic stimulus funds drying up and I may lose tens of thousands of dollars in a delayed sale of the house.
OP. be prepared to pack up the house, because once the judge signs the court order you can bet that your ex will include a clause that you have to vacate within 30 days.
Brampton33
New member
OP has known for months now that she will have to vacate the house. She has been told by banks she cannot take over mortgage on her own.OP. be prepared to pack up the house, because once the judge signs the court order you can bet that your ex will include a clause that you have to vacate within 30 days.
The problem is that OP does not want to accept her new reality.
trueblue22
New member
Motion would be 3-5 hours, prep would be 3-4 hours, filings, meeting and scheduling would be 5-7 hours. You�re looking at possibly $8000 right there. Plus his costs.
If you know you are going to lose why are you not selling? You must be in the hole pretty deep now.
If we go to court it won't be just for the sale of the house. He will probably try to get everything going at the same time. I don't think he'll get an emergency or urgent motion.
trueblue22
New member
I'm going through the same situation, except in reverse. My ex is refusing to move out (and refusing to pay occupation rent). No mortgage, so I'm paying rent and she's living expense free. Ex is waving the "disruption to the kids" flag like Spartacus and I can't do anything until the first case conference.
My big concern is that CMHC is calling for a market correction due to the pandemic stimulus funds drying up and I may lose tens of thousands of dollars in a delayed sale of the house.
OP. be prepared to pack up the house, because once the judge signs the court order you can bet that your ex will include a clause that you have to vacate within 30 days.
The childen are in school. I'm sure I'll be able to delay it until December this year or June next year. He also wants to renovate it but I'm no moving out to let him make more money after renovations. It's the matrimonial home I have equal right to be here.
Brampton33
New member
All depends on the type of application he files. If he files a Form 14 Motion for sale of house, it will be taken care of immediately.If we go to court it won't be just for the sale of the house. He will probably try to get everything going at the same time. I don't think he'll get an emergency or urgent motion.
If he files a general application listing off all the issues (CS, SS, parenting times, custody, etc.) it may take longer. You will have to attend a case conference. Then there is a high likelihood he would file a motion immediately after the case conference to have the house dealt with separately and immediately.
If we go to court it won't be just for the sale of the house. He will probably try to get everything going at the same time. I don't think he'll get an emergency or urgent motion.
You also think you are entitled to more than you are so don’t get your hopes up.
He can do an urgent motion for the sale of the house while you are dragging your feet on everything else. Especially since you had four years to get your shit together and he’s been telling you for a while the gravy train was ending.
The childen are in school. I'm sure I'll be able to delay it until December this year or June next year. He also wants to renovate it but I'm no moving out to let him make more money after renovations. It's the matrimonial home I have equal right to be here.
If you have shared parenting time, moving isn’t that big of an impact on the kids.
What he wants to do or not is irrelevant. Again this all makes you look unreasonable to a judge. This means you are likely to pay his casts.
Seriously, you need to start making smart decisions that aren’t based on how you want to stick it to him. All you are doing is digging a deeper hole for yourself. How much money have you spent already on your lawyers? Start doubling and tripling that as you drag your heels. You are slowly losing whatever money you may have been provided in a settlement.
StillPaying
Member
Originally Posted by rockscan
Motion would be 3-5 hours, prep would be 3-4 hours, filings, meeting and scheduling would be 5-7 hours. You�re looking at possibly $8000 right there. Plus his costs.
If you know you are going to lose why are you not selling? You must be in the hole pretty deep now.
If we go to court it won't be just for the sale of the house. He will probably try to get everything going at the same time. I don't think he'll get an emergency or urgent motion.
His application would be for everything but a regular motion for only house issue could be brought in ~2 months. That would be a simple motion that takes about 30 minutes with little prep time needed. The above is over exaggerated but you're still looking at about 3k.
His application would be for everything but a regular motion for only house issue could be brought in ~2 months. That would be a simple motion that takes about 30 minutes with little prep time needed. The above is over exaggerated but you're still looking at about 3k.
OP has spent $75,000 in about six months on letters and back and forth. I would bet the cost for a simple motion would be increased due to her refusal to work reasonably. While my estimate is high, it is probably closer to what this will cost based on her attitude and previous actions.
StillPaying
Member
I'm always skeptical when people say they've spent 100k and never seen a courtroom. But because they may exaggerate or make things up, doesn't mean the response should change.
The great part of a motion is making all the delays, refusals, unreasonablness, attitude, and previous actions irrelevant. As soon as the cc is complete, ex will have no problem bringing a fairly easy and therefore fairly cheap, quick motion.
The great part of a motion is making all the delays, refusals, unreasonablness, attitude, and previous actions irrelevant. As soon as the cc is complete, ex will have no problem bringing a fairly easy and therefore fairly cheap, quick motion.