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| Name | Selling the Matrimonial Home in 2021: What if one spouse will not co-operate? | Family Lawyers |
| Video Uploader | Video From FamilyLLB |
| Upload Date | This Video Uploaded At 12-04-2021 17:31:03 |
| Video Discription | Selling the Matrimonial Home in 2021: What if one spouse will not co-operate? | Family Lawyers A decision called Ivancevic-Berisa v. Berisa shows what Ontario courts can do if one spouse refuses to co-operate in selling the matrimonial home post-separation. https://familyllb.com/2021/04/08/selling-the-matrimonial-home-in-2021-what-if-one-spouse-will-not-co-operate/ #divorce #lawyer __________ RESOURCES & LINKS: 🌟 Learn more about our Family Law services: https://www.russellalexander.com 🌟 "Top 5 questions about spousal support in Ontario, Canada": https://www.youtube.com/watch?v=YX-25jPGfUw&t=5s “How Base Child Support is Calculated”: https://www.youtube.com/watch?v=6y4McRjgZLs&t=9s “How to fill out a financial statement“: https://www.youtube.com/watch?v=Joenqab3u8I “Common Questions About Child Support in Ontario“: https://www.youtube.com/watch?v=eht4Lv852GY&t=67s “How Long Does Child Support Continue in Ontario?”: https://www.youtube.com/watch?v=s_STW0aGieY&t=6s __________ Get your FREE guide on Child Access and Custody During the Pandemic: https://www.russellalexander.com/child-access-and-custody-during-the-pandemic Grab a copy of our book on Amazon: The Path to a Successful Divorce: Russell Alexander's Guide to Separation, Divorce and Family Law (Canadian, Ontario): Paperback Edition: https://www.amazon.ca/Path-Successful-Divorce-Alexanders-Separation/dp/0995936900/ref=tmm_pap_swatch_0?_encoding=UTF8&qid&sr Kindle Edition: https://www.amazon.ca/dp/B0727NCRSP __________ Our Areas of Practice: https://www.russellalexander.com/practice/ Divorce Information Centre: https://www.russellalexander.com/divorce-information-centre/ We serve all of Ontario 7 Ontario Locations: Markham, Ontario https://www.russellalexander.com/markham Whitby, Ontario https://www.russellalexander.com/whitby Kawartha Lakes, Ontario https://www.russellalexander.com/kawartha-lakes Oshawa, Ontario https://www.russellalexander.com/oshawa Peterborough, Ontario https://www.russellalexander.com/peterborough Toronto, Ontario https://www.russellalexander.com/toronto Concord, Ontario https://www.russellalexander.com/concord __________ Find us on social: Facebook: https://www.facebook.com/RussellAlexanderFamilyLawyers Twitter: https://twitter.com/familyLLB LinkedIn: https://www.linkedin.com/in/russellialexander Instagram: https://www.instagram.com/familyllb https://www.youtube.com/watch?v=IAj_0ThkzhA #divorce #family #law #childsupport #blog #lawyer #collaborative #practice #divorceprofessional #publichealthagencyofcanada #sharedcustody #childcustody #divorce #childcustodylawyer #divorcecourt #divorcetips #marriage #tip __________ 00:17 ‘Selling the Matrimonial Home in 2021: What if one spouse won't cooperate?’ 00:26 A recent decision called Berisa and Berisa shows that what the Ontario courts can do 00:34 if one spouse refuses to co-operate in selling the matrimonial home post-separation. 00:42 When the husband and wife separated in 2010, they signed a Separation Agreement 00:47 to the effect that the husband could stay in the matrimonial home until it was sold, 00:52 but it would had to be sold within a year, with the selling costs to be split between the parties. 01:00 Subsequently however the husband - despite numerous requests by the wife - 01:06 had refused to list the house for sale and demonstrated a ”militant resistance” to doing so. 01:15 More to the point, he told her that notwithstanding the Separation Agreement 01:19 he did not intend to put the home up for sale, but rather plan to keep it for himself. 01:27 He also said he would destroy all renovations and upgrades to it 01:32 that they had made since their purchase as their matrimonial home. 01:38 Indeed, almost 2 full years later, the house had still not been sold, 01:44 and the husband was still living in it, even though he had ample time to find new accommodation. 01:52 In that time, he had been uncooperative with real estate agents, 01:55 had refused the wife access to the home in order to get it appraised, 02:00 had refused to pay for his share of the appraisal costs, 02:04 and had refused to sign a listing agreement for the sale of the home. 02:10 Essentially, by failing to co-operate and refusing to give his consent, 02:14 he was unilaterally blocking the ability to sell the home. 02:19 As a result, the wife was forced to bring a motion to the court for an order 02:24 dispensing with the husband's consent to take the necessary steps to list and sell. 02:31 (Incidentally, in answer to this motion, the husband who was self-represented, 02:36 asserted that despite what had been agreed to in the Separation Agreement, 02:41 he actually wanted to buy the wife's interest in the home. 02:45 He also made lengthy submissions to the court which included evidence 02:49 that had not been properly tendered from a procedural standpoint. |
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