Thank you for your responses.
It sounds like your ex is making a claim under the Trust of Land Act for an order that the house be sold. This is nothing to do with the fact that you were married.
If you are joint owners of the property then your ex is able to do this. You also need to know that your ex would be able to take such action even if the property was in your sole name as he has been paying the mortgage on the property.
If you have a copy of the papers from when you purchased the property it should tell you whether you bought the house as tenants in common or as joint tenants. If the house was bought as joint tenants then the legal starting point is that you are each entitled to an equal share of the equity, if you were tenants in common you will have set shares.
If in fact the house was in your sole name but he has paid the mortgage for the last 15 years then the court can still make a declaration as to his interest in the property.
You ex therefore can ask that the court considers that the house be sold so that this share in the equity can be realised.
I fully appreciate that this isnt what you want to hear but I do have to be honest with you in relation to the legal position.
I fully appreciate that you have received no child maintenance from your ex but I am also sorry to say that the court will not take this into consideration. The fact that your children are also now adults means that the court will not consider their housing needs when making the decision about whether or not the house should be sold. You also need to know that if there was no previous order made in relation to child maintenance or you have not previously had an assessment from CSA/CMS in relation to child maintenance then you cannot seek back payments for child maintenance retrospectively.
I am sorry this isn't good news for you.
It is worth considering proposing to your ex that the currently proceedings be stayed so that you can attempt mediation. Mediation is a way of trying to agree matters without the need for court, such as a payment plan to buy him out.
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