Legal Question in Family Law in Canada

freeze on my home

i was wondering my ex put a freeze on my home without taking me to court, i want to sell my home , she is on my morgage but not on the title, is it legal for her to do this, its been on for 2 years now?


Asked on 5/28/09, 2:17 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: freeze on my home

As noted on the LawGuru website as this question has been directed to a British Colubmia law firm, it will be answered with reference to B.C. law.

By a "freeze" we believe you mean some document registered in the Land Title Office that prohibits or interferes with a sale.

In B.C. this can be done only in a few ways; tha main ones are:

1. By a Court order called a Certificate of Pending Litigation. A Court issues this Order to prevent dealings witht he property while litigation over property division is ongoing. It can only be obtained after the litigation is begun, but is frequently obtained before the litigation documetns are provided to you.

2. By registering a document under B.C. legislation called the Land (Spouse Protection)Act. In B.C. it is irrelvant in whose name real property is registered. On a marital breakup, each spouse is presumed to be entitled to a 50% interest in the property. This entry protects a spouse whose name is not on the registered title from having the property sold by the spouse whose name is on the registered title. In other words, it stops one spouse from selling or borrowing against the other spouse's 1/2 share without that other spouse's consent.

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Answered on 5/30/09, 11:34 am


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