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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101047
Experience:  Lawyer
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My ex-boyfriend and I bought a home and have split up....we

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My ex-boyfriend and I bought a home and have split up....we are both on title and I am wanting him to pay me out for my portion of the house that is mine. I served him with a Form F3 for the division of our property and I understand that he has 30 days to respond. He has not responded, so I am wondering what my next step I call the court registry to set a date for a hearing? I also understand that he does not have to be notified of a court date now either. Can you advise to what my next step is? Thank you so much.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

You have to attend at the courthouse, and file proof of service with the court to prove that you served your former boyfriend.

To prove service you need to use an Affidavit of Service which is Form 30.

And you ask to have him noted in default.

Then you can ask about what happens next and whether there is a court date set and how that works. Each court will deal with that a bit differently.

Let me know if you need any further clarification.
Customer: replied 3 years ago.

I already know about serving him and filing the affidavit. I just needed to know if I have to 'apply' at the courthouse to get a court date for the hearing and is there a special form for that? Do I have to attend court or is this a default situation?

You don't see a Judge to note him in default.

But you may need to see a Judge before the Judge signs the Judgment.

He doesn't get to know about that date. You go alone.

I don't know how your court does this as different courts follow different procedures.

So you have to ask the clerk when you note him in default at the courthouse office.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Debra,

I thought I would let you know that he did respond.....because the 30th day landed on a Saturday, he didn't have to respond until the Monday after. I didn't know this. Thanks again for your help.

Thanks for letting me know.
Customer: replied 3 years ago.

So I filed the Motion of Family Claim (F3) and I only checked 'equal division of family property and family debt'. I am wondering if I am entitled to 50% of the equity using the market value if I am actually on the title? I haven't lived in the home since Jan 1, 2012. He replied that he disagrees with the division of family property and family debt, but agrees to other property claims. Does this make sense?

No it doesn't make any sense at all.

You are entitled to fair market value as of present day as the house is half yours.

And if he is living there and you are not he should be paying occupation rent which would be fair market value rent. You would get half.
Customer: replied 3 years ago.

When I had a lawyer, he said the same thing you have said about the rent. But after I decided to represent myself, I went to see a different lawyer and he told me that if I expect to get 1/2 of the rent that he received (because he had people come and live with him when I first left), that I will also be responsible for 1/2 the mortgage payment and 1/2 the utility bills. Debra, I went and lived with my mother rent free.....I was the one out of house and home.

You would be responsible for the mortgage and property taxes. So you would have to pay half of each.

You would not have to pay utilities.

But in any event you share half of current day value.
Customer: replied 3 years ago.

So the courts wouldn't make me responsible for paying 1/2 the mortgage payments since I left though, would they? And if so, would the court deduct those payments off of my share? I guess the only time I would want to put in a claim for 1/2 the rent would be if there was no mortgage that correct?

At the most the court would add up what you should have paid for the mortgage payments and property taxes but then subtract what he should have paid you for fair market value rent.

It is likely he will owe money not you.
Customer: replied 3 years ago.

Ok, thanks Debra. I have one more question to ask you if that's OK? If I am also looking for more child support because of extraordinary expenses, do I have to fill out a financial statement....I find the instructions on how and who is to fill what parts out quite confusing on the websites?

Yes you do have to fill out a financial statement.

Why not call and see if you can get some help here?
Customer: replied 3 years ago.

Debra...I am really afraid of having to spend more money. I have spent over $15K so far and I can't afford any more. I have looked at all the 'legal aid' information, but I think that my boyfriend whom I live with now will make too much money. Will they look at my income only?.....I am currently a homemaker as one of my sons is in need of constant medical attention.

I don't know what they look at so call and ask. There is no harm in doing that.