Legal Question in Family Law in Canada

In British Columbia, a legal separation refers to a separation agreement; there is no such thing as a court ordered separation. Sepatation agrements by definition mean that the terms are agreed to, so as long as he agrees to pay the mortgage or agrees to sell the house, then if he breaks the agreement you can go to court and ask for an Order which might be for sale of the house.

If you can not obtain an agreement, then you must go to Court to force any issue; you must go to the Supreme Court as the Family Court (Provincial Court) has no jurisdiction to decide issues of property division or sale. Your Supreme Court action coud include asking for a divorce or asking for a Declaration that there is no reasonable prospect of reconciliation. Such a declaration is a "triggering event" (as is a divorce order), which is reuqired in order to have the court make orders dealing with property. One of the Orders a court could make is that the property be sold, or that one or the other of yo pay the mortgage. Whether or not the court would make a mortgage-payment order depends to some extent on whether or ot you qualify for spousal support, and that is a complex question well beyond the scope of LawGuru, as it involves a detailed examination of incomes, tax and other deductions, child-care and payment responsibilities (if any), and committments arising from earlier relationships. It is so complex that most lawyers use a special computer program to answer the question.

Yous should seek legal advice as soon as possible.