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Answered in 6 minutes by:
6/15/2014
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
VerifiedHello:
You can Start a court action to force a division of the family property. If he's not willing to buy the house from you, and pay you your share of the equity in the property, and you do not want the house: then a court can order that it be sold to a third-party, with proceeds divided between the two of you. You should also get credit for the buildup of the equity that you made by paying the mortgage since separation.
You can also seek a divorce judgment through the same court action as applying for division of the family property and house.
The court can also order that you have exclusive possession of the house pending any final sale or final property division between the two of you.
A lawyer is not mandatory for this but the law and procedure involved is not simple and an experienced family law lawyer will be very useful. We are not allowed to refer you to specific lawyers here due to site policies. But the British Columbia branch of the Canadian Bar Association has a free referral service and they have information on that at their web site.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
You can Start a court action to force a division of the family property. If he's not willing to buy the house from you, and pay you your share of the equity in the property, and you do not want the house: then a court can order that it be sold to a third-party, with proceeds divided between the two of you. You should also get credit for the buildup of the equity that you made by paying the mortgage since separation.
You can also seek a divorce judgment through the same court action as applying for division of the family property and house.
The court can also order that you have exclusive possession of the house pending any final sale or final property division between the two of you.
A lawyer is not mandatory for this but the law and procedure involved is not simple and an experienced family law lawyer will be very useful. We are not allowed to refer you to specific lawyers here due to site policies. But the British Columbia branch of the Canadian Bar Association has a free referral service and they have information on that at their web site.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
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