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Debra
Debra, Lawyer
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I own 50% of a property with my ex-husband. we have been divorced

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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.

Thank you for your question.

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There is no need to pay a lawyer that much money.

If there is no need for a big fight either.

If you end up in Court there is no doubt that the Court will order the sale of the home as you cannot be expected to own a property you don't want and there was never any intention that you gift half of a house to your former spouse.

So what you can do is retain a lawyer to write him a letter. The letter can give him a deadline for deciding whether he wants to buy you out or else agree to sell the house.

If he wants to buy you out then you will need to get the house appraised.

If he will not agree, and the letter will state this, the you will bring an application to the Court for an order for the sale of the home and the letter will explain that you will also be seeking an order for your costs.

This would mean that he will end up having to pay about 1/3 of your legal fees as there is simply no reason this should go to Court.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

416-947-3330 (within the GTA)

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

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.


 


best regards,


Samar

How long were you married for before you separated?

Was the house acquired during the marriage?
Customer: replied 4 years ago.

11 years. the house was acquired 2-3 years before we divorced.

There is no reason why you would not get 50%.
Customer: replied 4 years ago.

does it matter that he paid the mortgage, did some basic repairs and has been living in the house for the past 13?

He's live in the house for free all these years.

If anything unless the mortgage payments were as much as fair market value rent he got a huge benefit as he should have been paying what is called occupation rent.
Customer: replied 4 years ago.

thank you kindly for your direction. I feel this problem can be resolved. much love and light to you and your loved ones. samar

That is such a lovely thing to say.

Thank you very much for such kind words.

I am sure this can be resolved.