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My wife was able to sell our house unilaterally

Posted in Divorce, Location, Ontario, Scarborough by Questions on December 1, 2015

Anonymous Asked:

My wife has withdrew marital relations for more than a year then left the marital home for more than a year then filed for divorce. At first I did not want to contest the divorce on religious grounds; did not have a layer and appeared in court unprepared not filing my financial status. The court gave me 10 days to file the proper documents failure to do so then my wife would have the right to sell the house as being uncontested. I was advised to hire a layer and I did. I got the financial documents he requested and gave his the order from the judge that the documents must be filed within a specific time else my wife was free to sell the house. The layer did not file the documents on time even though I gave him all the documents and signed the required papers before time. His argument is that because we have been separated for more than a year it is an uncontested divorce and it just automatic. Is that true?
I was trying to stall the sale of the house, by refusing to sign the final document. I ignored 4 calls over two consecutive days from my layer because I wanted to stall. A week after I called my layer who said the he was in court the previous day and the judge ordered me to pay $4500; that is not a problem. Can my layer not call me in five days stating that the five days ago my voice mail box was full and appear in court without even trying to get in touch with me on the court date or via registered mail and is representing me well?
When I first hired him, he explained that the proceeds from the sale would be apportioned by the court… is that still the case since she was able to sell the house unilaterally? By the way the house was bought jointly, I got into financial difficulties and signed over my portion of the house to her to facilitate the mortgage rates but we continued to live as man a wife together with no talk of divorce.
The divorce documents I did up with him has for spousal support for me, joint custody of the child and cost.

1 Expert Comment

  1. On December 1, 2015 at 8:40 am
    Jennifer M. Long, B.A. J.D. said:

    It appears that there are a number of issues, but I would require further clarification and additional information before I could properly advise you. It is unclear to me whether you are dissatisfied with the services your lawyer has provided. If so, you may wish to seek alternate counsel, but based on your post, it seems that there was a court date set and your wife obtained an order to sell the home because you were avoiding calls from your lawyer.

    With respect to your question about an uncontested divorce, I think that what your lawyer may have been referring to is the fact that in Ontario we have “no-fault” divorce. That means that so long as you and your spouse have been separated for at least one year, either party can apply for a divorce.
    ​ However, again, without further information about what your lawyer said specifically, I cannot properly advise you. You would be best to meet with another lawyer to fully explain the situation.​

    I strongly recommend that you consult with your lawyer, or seek alternate counsel to assist you moving forward.

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