I am trying to remove my name from mortgage (Canada, Ontario), my ex husband is not really helpful and self-employed. I am thinking of going to get court order on selling our property.

We signed (with our lawyers) a separation agreement where he agreed to resolve situation till certain date, but he did not.

I asked my lawyer how long it will take me to get a court order on selling property. My lawyer said that I need to bring a motion for the enforcement of the agreement. But I don't see how it is connected, because there is no domestic violence, no child custody, i moved out and renting.

You will need to bring a motion for the enforcement of the agreement regarding the sale of the home.

It means that an application will need to be made and, if your circumstances do not meet the test for urgency, a case conference will need to be conducted before you can bring a motion.

Once an application is made, you can move for a motion.

Why is she offering me to go this route? Why do I need a motion?

  • Why arent you asking your lawyer these questions? Thats what you are paying them for! But, simply, the only way you can force a sale is through a court order, and you have to convince the court that you have a valid reason to force all stakeholders to sell - hence the application and tests applied to the application. Once the application has been accepted, you can ask the court to rule (the 'motion'). The motion is what you want, the application is how you get it.
    – user4210
    Apr 30, 2019 at 0:38

2 Answers 2


But I don't see how it is connected, because there is no domestic violence, no child custody

One does not need to be violent to violate an agreement.

There was an agreement to resolve the situation with the house. You ex did not honour it. You can ask the court to convince him to honour it through a motion for enforcement. It's that simple.


A "Motion To Enforce" is one of the tools litigants have when the other party has failed to abide by an agreement or court order.

In your case, you have a signed agreement, and your ex-husband is -- according to you -- violating that agreement. What you are asking the Court to do is agree that your ex-husband has failed to uphold his side of that agreement. He may believe -- right or wrong -- that the agreement means something else.

Assuming all goes as you expect, your ex-husband will either then abide by the finding, or not. If not, there are a variety of other motions, which may lead to various other actions. It can be a tedious process, but the good news is there is a well-defined process for enforcing various agreements and court

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