1-877-797-9411
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Do I have to force him to liquidate the property?

Anonymous Asked:

My ex husband and I have been legally divorced since Dec 2012. He faithfully pays child support for our two children. I am now remarried. We own a property that was once our marital home and we did not make the dissolution of the property part of our divorce agreement, so that the divorce would go through faster if the house did not sell. However,he has not put the house up for sale and my name is on the mortgage, and my new husband and I cannot qualify to purchase a home of our own with my name still on the mortgage. The bank will not refinance and requires that we sell the property. My ex husband has threatened allowing the bank to foreclose on the property instead of listing it for sale. What options do I have legally in BC do I have to force him to liquidate the property. He does not owe me any equity in the home, but holds me financially 'hostage' while he sits on the property and does nothing. As well,if he allows the bank to foreclose and declares bankruptsy, how does that affect my credit, and as well the credit rating of my new husband.

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
8 years ago

You can bring an application under the Family Law Act to force a sale of the property. If you allow him to send the property into foreclosure, that will negatively affect your credit rating for many years – so forcing the sale of the property so that the mortgage is paid off is the best route to take. The foreclosure should have no impact whatsoever on your new spouse’s credit rating (only on your credit rating).

Latest Questions Asked:

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

DC Icon

How to Not Pay Spousal Support in Canada

Introduction Divorce can be a challenging and emotionally draining process, and one of the most contentious issues is often the payment of spousal support. Many individuals going through a divorce wonder, "how to not pay spousal support in Canada?" Whi ...

DC Icon

Divorce Lawyer for Business Owners: Protecting Your Business and Assets

Divorce is a difficult and emotional process for anyone, but it can be particularly challenging for business owners. The division of assets and determination of spousal support can have a significant impact on the future of a business. That's why it's ...

DC Icon

Divorce Lawyer For High Net-Worth Individuals

High Net Worth Divorces: Navigating the Complexities and Protecting Your Assets Divorce is never an easy process, but when it comes to a high net worth separation and divorce, the stakes are even higher. Unlike the average divorce, high net worth divor ...

DC Icon

Applying for Emergency Custody: When & How (Step-by-Step)

Introduction The process of divorce can be emotionally taxing and often presents numerous legal challenges, especially when it involves children. One area of particular concern for parents is the matter of emergency custody, where a parent seeks immedi ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x