Monday, December 28, 2009

Can my husband sell the property he has if it's frozen by the court?

My husband has his own property purchased after our separation. Can he sell it even the court got frozen all his assets, investments and properties under the Family Law Act to secure the money he has to give me. And if he can do that, what would happen with him? This is in Ontario.Can my husband sell the property he has if it's frozen by the court?
The answer is Yes and No. Sorry about that.





Legally, he can't sell anything if it's frozen. In actual practice, however, people violate the court order all the time and, often, they go unpunished unless it's something of significant value. Judges just tend to look the other way unless it materially affects the outcome of the settlement.





The bottom line is, if you want this enforced, you have to be prepared to make it happen. The law's on your side. Often, you just have to push and be prepared to put up with a lot of frustration to get it enforced.Can my husband sell the property he has if it's frozen by the court?
Don't know for sure about Canada, but if he tried to sell it, any buyer would do a ';title search'; for just that sort of thing. No one with half a brain would buy it if there is a legal lien on it.





Buyers want something called ';clear title'; which means that the seller must have every legal right to sell it. Or else the buyer risks legal actioin by you. Who would want that?
The answer is no. If it was frozen by the courts then that means he does not have the legal right to do anything with the property. He will be lucky if they even allow him on the property. Doing so could land him in jail and could cost him huge fines.
Firstly, is it in his name or a Limited Liability Corp.? If its in his personal name, a court order should block the property at the property registry before a potential sale.



No, he cannot.





There will be a charge on the title to the property under the Family Law Act. He will not be able to sell the property without paying you in full out of the proceeds.
He can't. If he somehow manages to do it, the least that will happen to him is a charge of contempt of court which could send him to jail.
I do not believe he can sell it. Thats why they were frozen in the first place so he could not do this to you. They can take him to court and he could possibly go to jail
If he tries to , he will be in violation of a court order , and he will do some serious jail time

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