I own 50% of a property with my ex-husband. we have been divorced for 13 years and he has been living in the house with his new family (London ontario). since i live abroad and since our son (who lives with me) visits in the summer time, I accepted that he live in the house, however now that my son has moved away to university and is no longer visiting his father in the summer, i would like to sell. my ex has made all the mortgage payments, i have not had access to the house nor have I received any compensation for the time he has lived in it. so far I know that under the partition act, i can force him to sell even though he is refusing. Are there any conditions under which i cannot force him to sell. I would also like to know under what conditions i may not receive 50% on the sale of the house. finally, one lawyer quoted his fees as 25% of the sale. it seems very high. I would like some advice on this.
Dear Ms. Thai, thank you for your answer thus far. its all very clear and helpful, but i also had the following question which was not answered.
it was in the original text and i also edited a bit right after I received an account. would you kindly answer it: I would also like to know under what conditions i may not receive 50% on the sale of the house.
11 years. the house was acquired 2-3 years before we divorced.
does it matter that he paid the mortgage, did some basic repairs and has been living in the house for the past 13?
thank you kindly for your direction. I feel this problem can be resolved. much love and light to you and your loved ones. samar