There's been posts in the Facebook group about how to keep the matrimonial home. I did a post a while ago on the subject on what to expect if the parties can't agree... basically the sale of the home will be forced, at which time the open market will prevail and either party is welcome to outbid the highest bid for the house. Recent motion case law demonstrates pretty succinctly what will happen if one party tries to frustrate the process in an attempt to hold onto the house.... (I've cut out the most salient sections) [1] This is the applicant father's motion for control of the sale of the matrimonial home, which sale was ordered on April 19, 2023 following a trial before me.
[2] The parties agreed on a listing agent and the home was listed for sale by MLS listing on May 31, 2023 for $989,900.
[3] On June 5, 2023, the parties were presented with an offer for $950,000. On June 7, 2023, the same prospective purchasers presented an offer for $960,000. The parties’ listing agent recommended that the parties sign a counter-offer for $980,000. The father agreed. The respondent mother disagreed.
[4] I conclude from the evidence filed on the motion that the mother remains determined to acquire the home for herself and, in her ongoing efforts to do so, seeks to delay or prevent its sale to a third party.
[5] In the circumstances, the father should have control of the sale pursuant to s. 23(b) of the Family Law Act, R.S.O. 1990, c. F.3, on the terms set out below. [8] The following order shall issue:
1. The applicant, Dale Michael Irwin, shall be permitted to act solely with respect to the listing agreement the applicant and the respondent, Brenda Lee Irwin, have entered into with London Living Real Estate Ltd. Brokerage and shall be permitted to continue working with the existing listing of the matrimonial home, municipally known as 171 Ridout Street, London, Ontario, for sale on the open market.
2. The respondent shall not be permitted to provide any further instructions to London Living Real Estate Ltd. Brokerage, nor shall the respondent be permitted to interfere with the applicant's engagement of services through London Living Real Estate Ltd. Brokerage.
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