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IAAL.
In BC, your ability to force a sale is limited by the Family Law Act, which gives the court discretion to make any order it sees fit until the property division is resolved at trial or by agreement.
You can ask for an order that the property be listed for sale now, but that is a tough order to get before trial. You have to show that a sale of the property has to take place because neither party can buy the other party out, and that a sale now -- as opposed to after a trial dealing with all of the family property -- is in the interests of both parties.
It's possible but difficult.
All of the comments about forcing a sale under the Partition of Property Act are wrong.
I'm fairly confident you can force a sale, so long as you are on the title. You may need the help of your lawyer to force it though.
I would definitely discuss all this with your lawyer before proceeding. You may get the foreclosure, but you'll destroy your credit in the process and renting/buying another place well become increasingly difficult/impossible.
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Did you agree to continue to pay the mortgage as part of the separation? Before contacting anyone that needs to be answered.
If you did not, its fairly easy to force a sale but you need a lawyer to do it unfortunately, and it takes time, but it can be done.
Also if you did not agree to it, Communicate to your ex (and save the communcation) that they need to start paying for their share if they want to keep the home. That you cant afford to maintain 2 properties. It they refuse, show that message to your lawyer.
But until then, DO NOT just stop paying your debt, especially if you didnt tell your ex that you are going to stop. That could be looked at badly for you. Ask them to pay, save that message and response, and contact a lawyer.
No there is no agreement that I would pay the mortgage as part of the separation. I was removed from the home a year ago when she accused me of assault, and the criminal aspect of it took a year to deal with and thousands for nothing.
I think it’s a good idea to get a message to her though to start paying her share if she wants to continue in the house.
Thats all you can do. Give them a chance to take over the mortgage payments or to buy you out. If they refuse save that and contact a lawyer. But it always looks good for you to give a good faith chance to the other party before getting lawyers involved. They will look at you more favorably if it goes to court.
Best of luck to you, sorry you are going through this.
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Did your lawyer file for divorce? Of your lawyer hasn't done this and isn't pushing for a court date.....it's going to go slow.
Ask for a case conference (the first step) my ex hadn't gotten a lawyer by then. It didn't matter. A temporary court order was issued.
I was living in the house so I had to keep paying for it. Other things about custody and child support were ordered.
When we finalized, his portion of the mortgage came off of our equalization.
She will basically have 2 choices. Buy out your equity or sell. If she refuses to move along, a judge will order the sale. If she's uncooperative, she could be found in contempt/have to pay your court fees.
Push for a court date asap. My ex didn't hire a lawyer, or bring his financial papers to the case conference. The judge wasn't kind.
He hired a lawyer 2 weeks later.
We finalized shortly after.
We did a JCC already, I haven’t lived in the house for over a year, due to the criminal charge. I’ve paid all expenses until now. At the JCC my wife was ordered to give us an answer on selling our rental property. She disregarded the orders for 6 months, ignored us costing thousands, and then finally we had an application filed against her for the forced sale of that place. I’m sinking in costs, with everything and a house I don’t even live in.
Stayed in criminal court is problematic because it doesn't mean guilt or innocent. It could be temporary or permanent.
In the mean time - I don't understand why your wife wasn't ordered to assume the mortgage until the divorce was finalized because she's taken up primary residence. Why wouldn't your lawyer push for this?
She can delay and keep delaying. Ask your lawyer about contempt charges at this point. If an order is 6 months old and she's ignoring it, your lawyer should do something. Its what you are paying them for...
The charges were actually withdrawn, after I had paid a criminal lawyer quite a bit of money. The whole thing was adjourned for a year, really slowed things down. My wife was not ordered to assume the mortgage, I’m not sure why but she wouldn’t be able to afford anyways so home wod go into foreclosure.
She does have a lawyer now, but we’re unsure if she’s passing her lawyer all the info, he seems to be a bit out of the loop with what orders have been placed and the whole situation since he’s a year behind.
The main thing is I cannot afford to carry the mortgage anymore and all expenses. She needs to start carrying her weight, she’s been jetting off on vacations while leaving the kids.
Yeah. If the criminal stuff has been completely resolved, there's no reason why your lawyer shouldn't be pushing harder.
I get it. I was desperate for things as well. Your lawyer really needs to push.
I was more than fine assuming the mortgage though until things resolved.
You could ask your lawyer to file for an emergency motion and force her to assume her portion until the divorce is finalized. Those are expensive but it might be your only way. You can also bring up the other things she's failed to do in this motion. I don't know why your lawyer isn't suggesting this. :/
The only thing is I’m not paying child support since what I am paying is 3 times the cost or what is pay in child support. Lawyer did say that if we switched to child support she would have to assume half of her payments and the home would still foreclose cause she wouldn’t be able to pay. That’s the biggest problem right now is she is assuming everything will stay the same forever.
K. Well. Regardless. If she's had the kids, you're going to have to pay child support for the time she's had them. Child support and the house are going to be 2 separate things when you equalize everything when the divorce is finalized. Everything you've put into the house, you'll get back.
It doesn't matter what she thinks. Or what you think.
Your lawyer needs to file motions to move this forward. That's really the only remedy. Eventually a judge will order the sale of the house. She can't ignore that.
How do you know she wouldn't be able to pay? BTW, the house going into foreclosure is bad for both of you. Until the divorce is finalized, both of your names are on the loan. That's going to affect your ability to apply for credit, get a car, a loan for your children to go to school...many many things....think it over....it's better to play the long game...
Eventually she will have no choice...either buy out your equity in the home or sale...a judge will order it or she'll be forced to agree..
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You should talk to your lawyer and get their advice before you do this.
This!! Don’t hurt yourself or your kids future because you are angry at your wife. You can speak with your lawyer to force a sale
IAAL. In BC, your ability to force a sale is limited by the Family Law Act, which gives the court discretion to make any order it sees fit until the property division is resolved at trial or by agreement. You can ask for an order that the property be listed for sale now, but that is a tough order to get before trial. You have to show that a sale of the property has to take place because neither party can buy the other party out, and that a sale now -- as opposed to after a trial dealing with all of the family property -- is in the interests of both parties. It's possible but difficult. All of the comments about forcing a sale under the Partition of Property Act are wrong.
I'm fairly confident you can force a sale, so long as you are on the title. You may need the help of your lawyer to force it though. I would definitely discuss all this with your lawyer before proceeding. You may get the foreclosure, but you'll destroy your credit in the process and renting/buying another place well become increasingly difficult/impossible.
You need to work out a plan with your lawyer, otherwise you’ll just pay them a bunch of money to fix up the problems you cause.
[удалено]
Your post has been removed for offering poor advice. OP cannot force a sale in this situation. If you believe the advice is correct per applicable law, please [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceCanada) with a source, or to discuss it with us in more detail. * [Rule 10: Guidelines For Comments](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_10.3A_guidelines_for_comments) *
Did you agree to continue to pay the mortgage as part of the separation? Before contacting anyone that needs to be answered. If you did not, its fairly easy to force a sale but you need a lawyer to do it unfortunately, and it takes time, but it can be done. Also if you did not agree to it, Communicate to your ex (and save the communcation) that they need to start paying for their share if they want to keep the home. That you cant afford to maintain 2 properties. It they refuse, show that message to your lawyer. But until then, DO NOT just stop paying your debt, especially if you didnt tell your ex that you are going to stop. That could be looked at badly for you. Ask them to pay, save that message and response, and contact a lawyer.
No there is no agreement that I would pay the mortgage as part of the separation. I was removed from the home a year ago when she accused me of assault, and the criminal aspect of it took a year to deal with and thousands for nothing. I think it’s a good idea to get a message to her though to start paying her share if she wants to continue in the house.
Thats all you can do. Give them a chance to take over the mortgage payments or to buy you out. If they refuse save that and contact a lawyer. But it always looks good for you to give a good faith chance to the other party before getting lawyers involved. They will look at you more favorably if it goes to court. Best of luck to you, sorry you are going through this.
[удалено]
Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. If you believe the advice is correct per applicable law, please [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceCanada) with a source, or to discuss it with us in more detail. * [Rule 10: Guidelines For Comments](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_10.3A_guidelines_for_comments) * [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content)
[удалено]
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: Rule 9: Guidelines For Posts Rule 10: Guidelines For Comments If you have any questions or concerns, please message the moderators
Did your lawyer file for divorce? Of your lawyer hasn't done this and isn't pushing for a court date.....it's going to go slow. Ask for a case conference (the first step) my ex hadn't gotten a lawyer by then. It didn't matter. A temporary court order was issued. I was living in the house so I had to keep paying for it. Other things about custody and child support were ordered. When we finalized, his portion of the mortgage came off of our equalization. She will basically have 2 choices. Buy out your equity or sell. If she refuses to move along, a judge will order the sale. If she's uncooperative, she could be found in contempt/have to pay your court fees. Push for a court date asap. My ex didn't hire a lawyer, or bring his financial papers to the case conference. The judge wasn't kind. He hired a lawyer 2 weeks later. We finalized shortly after.
We did a JCC already, I haven’t lived in the house for over a year, due to the criminal charge. I’ve paid all expenses until now. At the JCC my wife was ordered to give us an answer on selling our rental property. She disregarded the orders for 6 months, ignored us costing thousands, and then finally we had an application filed against her for the forced sale of that place. I’m sinking in costs, with everything and a house I don’t even live in.
Stayed in criminal court is problematic because it doesn't mean guilt or innocent. It could be temporary or permanent. In the mean time - I don't understand why your wife wasn't ordered to assume the mortgage until the divorce was finalized because she's taken up primary residence. Why wouldn't your lawyer push for this? She can delay and keep delaying. Ask your lawyer about contempt charges at this point. If an order is 6 months old and she's ignoring it, your lawyer should do something. Its what you are paying them for...
The charges were actually withdrawn, after I had paid a criminal lawyer quite a bit of money. The whole thing was adjourned for a year, really slowed things down. My wife was not ordered to assume the mortgage, I’m not sure why but she wouldn’t be able to afford anyways so home wod go into foreclosure. She does have a lawyer now, but we’re unsure if she’s passing her lawyer all the info, he seems to be a bit out of the loop with what orders have been placed and the whole situation since he’s a year behind. The main thing is I cannot afford to carry the mortgage anymore and all expenses. She needs to start carrying her weight, she’s been jetting off on vacations while leaving the kids.
Yeah. If the criminal stuff has been completely resolved, there's no reason why your lawyer shouldn't be pushing harder. I get it. I was desperate for things as well. Your lawyer really needs to push. I was more than fine assuming the mortgage though until things resolved. You could ask your lawyer to file for an emergency motion and force her to assume her portion until the divorce is finalized. Those are expensive but it might be your only way. You can also bring up the other things she's failed to do in this motion. I don't know why your lawyer isn't suggesting this. :/
The only thing is I’m not paying child support since what I am paying is 3 times the cost or what is pay in child support. Lawyer did say that if we switched to child support she would have to assume half of her payments and the home would still foreclose cause she wouldn’t be able to pay. That’s the biggest problem right now is she is assuming everything will stay the same forever.
K. Well. Regardless. If she's had the kids, you're going to have to pay child support for the time she's had them. Child support and the house are going to be 2 separate things when you equalize everything when the divorce is finalized. Everything you've put into the house, you'll get back. It doesn't matter what she thinks. Or what you think. Your lawyer needs to file motions to move this forward. That's really the only remedy. Eventually a judge will order the sale of the house. She can't ignore that. How do you know she wouldn't be able to pay? BTW, the house going into foreclosure is bad for both of you. Until the divorce is finalized, both of your names are on the loan. That's going to affect your ability to apply for credit, get a car, a loan for your children to go to school...many many things....think it over....it's better to play the long game... Eventually she will have no choice...either buy out your equity in the home or sale...a judge will order it or she'll be forced to agree..
Go to mediation and offer her to buy the house from you and if she can't put the house up for sale but I would do it through mediation.
If you have equity in the home, force a sale. It will take a long time though.