canada property ontario court-order
Court order on selling property
<p>I am trying to remove my name from mortgage (Canada, Ontario), my ex husband is not really helpful and self-employed. I am thinking of going to get court order on selling our property. </p>

<p>We signed (with our lawyers) a separation agreement where he agreed to resolve situation till certain date, but he did not. </p>

<p>I asked my lawyer how long it will take me to get a court order on selling property. My lawyer said that I need to bring a motion for the enforcement of the agreement. 
But I don't see how it is connected, because there is no domestic violence, no child custody, i moved out and renting.</p>

<blockquote>
  <p>You will need to bring a motion for the enforcement of the agreement
  regarding the sale of the home.</p>
  
  <p>It means that an application will need to be made and, if your
  circumstances do not meet the test for urgency, a case conference will
  need to be conducted before you can bring a motion.</p>
  
  <p>Once an application is made, you can move for a motion.</p>
</blockquote>

<p>Why is she offering me to go this route? Why do I need a motion?</p>

<blockquote>
  <p>But I don't see how it is connected, because there is no domestic violence, no child custody</p>
</blockquote>

<p>One does not need to be violent to violate an agreement.</p>

<p>There was an agreement to resolve the situation with the house. You ex did not honour it. You can ask the court to convince him to honour it through a motion for enforcement. It's that simple.</p>

<p>A "Motion To Enforce" is one of the tools litigants have when the other party has failed to abide by an agreement or court order.</p>

<p>In your case, you have a signed agreement, and your ex-husband is -- according to you -- violating that agreement. What you are asking the Court to do is agree that your ex-husband has failed to uphold his side of that agreement. He may believe -- right or wrong -- that the agreement means something else.</p>

<p>Assuming all goes as you expect, your ex-husband will either then abide by the finding, or not. If not, there are a variety of other motions, which may lead to various other actions. It can be a tedious process, but the good news is there is a well-defined process for enforcing various agreements and court </p>
