8 Comments Family & de facto law, financial agreements, consent orders
I think you'll probably find that your ex's mother is within her rights to give your mother & sister 90 days notice to vacate.
The caveats may help to a point but you would be better off looking into seeking an injunction to prohibit the sale or distribution of assets IMO
Are you contributing anything towards any mortgages yourself?
Hi - the eviction is more of a consumer law thing than family law I believe; your husband is not the legal owner of the property even though he may be paying the mortgage and you may be able to claim some of that property as part of the joint property pool.
[quote]Reasons for at least 90 days notice to vacate
Please note â€“ if you give notice under S261 or S262 in the case
of a fixed term tenancy, S266 of the Act states that the reasons
for a 90 day notice cannot be used to shorten an agreed fixed
term tenancy agreement.
A notice given under S261 cannot be used to retaliate against
tenants exercising their legal rights or saying they will do so.
261(1)&(3)(a)â€“end of a fixed term tenancy of 6 months or
we have a fixed term tenancy agreement of 6 months or
more which ends on the termination date.*
262(1)â€“tenant no longer eligible
you are no longer eligible to rent the premises from the
landlord which is a public statutory authority.[/quote]
I'm assuming they did not have a lease agreement but have been there for longer than 6 months.
[QUOTE=rtop2004] Isn't caveat going to stop them from selling it? what is IMO??[/QUOTE]
IMO = In My Opinion.
A caveat basically means that before any other party can register an interest in the property you will be notified. Your ex may well make an application for a lapsing notice. If he does this you will have 21 days after being served in which to obtain a supreme court order extending your caveat & this must be given to give the land titles office.
A better way would be to seek an injunction preventing the disposal of, or any encumbrance placed upon any property with out your consent. If you already have a property settlement filed with the courts, you may make an application in a case for an injunction.
Otherwise I recommend you see a family law solicitor to initiate a settlement along with an application for interim orders including an injunction & a look at possible spousal maintenance in the interim as well.
It is dependent upon both of your incomes and the number of nights care each party has.
this will give you an idea of what you are due in CSA payments.
You may be able to request spousal payments from him as well in the interim - however forcing him to do so would require a court order.
Spousal maintenance requires you to show a need for more money and for him to have available money. If there is a complex financial setup, this may be difficult to bring forwards and may be easy for him to spread uncertainty around your financial state etc.
Getting him to agree to a value for spousal maintenance would be the simplest.
EDIT... To make clickable link
jaazzz 2012-11-01 17:12:48