motion to force sale of the House
How do you force the sale of the house?
You bring the motion in your existing family law case (Superior Court of Justice – Family Branch), not a separate civil action.
What kinds of orders can a judge in SCJ (Family Branch) make?
Superior Court of Justice (Family Branch) has jurisdiction to do the following:
- apply the Partition Act
- order listing and sale
- appoint a realtor
- authorize one party to sign
- order vacant possession
- hold proceeds in trust pending equalization
What forms do you need to bring a motion?
You will need a Form 14: Notice of Motion and a Form 14A: Affidavit (General)
What orders would you put in your Form 14: Notice of Motion?
Below is an example of what you might put in your Notice of Motion.
The moving party seeks the following relief:
- An order directing the sale of the jointly owned property municipally known as [address] pursuant to the Partition Act.
- An order appointing [realtor name / brokerage] as the listing agent, or alternatively authorizing [Moving Party] to select the listing agent if the parties cannot agree within X days.
- An order that the property be listed at fair market value, as recommended by the listing agent.
- An order authorizing [Moving Party] to sign all documents necessary to list and sell the property in the event the responding party refuses or fails to cooperate.
- An order requiring vacant possession on or before [date].
- An order that the net sale proceeds be held in trust pending resolution of equalization and other property issues, or released on consent or further order of the court.
- Such further and other relief as this Honourable Court deems just.
What would you put in your affidavit?
The Form 14A is your narrative to the court where you explain your reasons for the orders you are requesting from the court. You would include the history of your separation and the need to sell the house. Attach all relevant documents as Exhibits. For example mortgage statements, property taxes etc.
Here is a sample of what you might include:
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The parties separated on [date] and are no longer able to co-exist in the home.
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The home is jointly owned and subject to ongoing financial deadlock.
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The moving party continues to suffer financial prejudice, including:
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mortgage payments (Latest bank statement showing payments attached as Exhibit “A”)
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property taxes (2025 property tax bill attached as Exhibit “B”)
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utilities (December 2025 bill attached as Exhibit “C”)
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insurance (Sonnet insurance statement attached as Exhibit “D”)
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inability to access equity
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There is no realistic path to resolution short of sale.