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My daughter is separated from her husband. There is a legal…

Customer Question
My daughter is separated...

My daughter is separated from her husband. There is a legal separation agreement. The house they bought together is in his name as she had bad credit at the time. In the agreement it is stated that he can remain in the house. However, he has now moved in with his parents and is renting out rooms in the house. Is there any action my daughter can take to pressure him into selling the house. She has talked to him and he refuses.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No, it was a online form that they filled out and had witnessed.

Lawyer's Assistant: Family law varies by state. What state are they in?

We are in Canada.

Submitted: 3 months ago.Category: Canada Family Law
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Answered in 7 hours by:
4/4/2018
Family Lawyer: Legal Ease, Lawyer replied 3 months ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,582
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Family Lawyer: Legal Ease, Lawyer replied 3 months ago

I am sorry to hear of this difficult situation.

What province are you in please?

Why does it matter to her if the house is sold or not? For example did the division of assets provisions say she doesn't get paid out by him until the house is sold?

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Customer reply replied 3 months ago
We are in Ontario. She has received no monies from her ex. She was hoping that he would agree to sell the house and split the remaining money between them. He has refused to sell. Is there anyway we can make him sell the house?
Family Lawyer: Legal Ease, Lawyer replied 3 months ago

I am a senior family lawyer in Ontario and this is not quite adding up.

Are you sure there is a separation agreement in place?

Was it done by lawyers?

When exactly did they separate?

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Customer reply replied 3 months ago
Hi, yes agreement in place. In it it states that he will live in the house and agrees to keep it in saleable condition. He has moved out of the house and in with his parents. He has two borders living in the house and plans on getting two more borders. The place is going to be trashed. If he isn’t living in it we want him to sell it. Is there anything we can do to get him to agree to sell?
Family Lawyer: Legal Ease, Lawyer replied 3 months ago

But what does it say about him paying her for the division of assets. Or is that deferred until he sells the house?

Do you have a copy of the agreement or can you get it tomorrow?

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Customer reply replied 3 months ago
It says that if he sells the house in the next 5 years they split it equally. After that he pays her $8,000. They split October 5, 2017. My daughter has a copy and yes I could get it.
Family Lawyer: Legal Ease, Lawyer replied 3 months ago

OK

Please get it and the if possible scan it and attach it.

If you cannot do that you can email it to customer service and they will forward it to me.

Thanks

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Customer reply replied 3 months ago
Ok will do. Good night and thank you.
Family Lawyer: Legal Ease, Lawyer replied 3 months ago

You too.

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Customer reply replied 3 months ago
Hi Debra: I was unable to get a copy of the separation agreement today but will get it tomorrow. Sorry.
Tracy
Family Lawyer: Legal Ease, Lawyer replied 3 months ago

Don't worry. That's completely fine.

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