Supreme Court

Write a Supreme Court order

Section 5: Property — Final orders (Optional)

 

The family home

1

The (choose claimant/respondent) may purchase the (choose claimant/respondent) share in the family home, located at and described as within days of the date of this order.

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respondent
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2

If the (choose claimant/respondent) does not purchase the family home, it will be listed for sale and sold, with the parties sharing joint conduct of sale.

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respondent
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3

If the (choose claimant/respondent) does not purchase the family home, it will be listed for sale and sold, and the claimant will have sole conduct of sale.

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respondent
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4

If the (choose claimant/respondent) does not purchase the family home, it will be listed for sale and sold.

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respondent
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5

The list price of the family home will be the average of values determined by two certified appraisers. The claimant will get one appraisal. The respondent will get the other appraisal.

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6

Until the family home is sold, the (choose claimant/respondent) will have sole occupancy of the family home.

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respondent
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7

Until the family home is sold, the (choose claimant/respondent) will be responsible for making all payments required under the terms of the mortgage on the family home.

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respondent
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8

Pending the sale of the family home, the claimant and respondent will share equally the mortgage payment and the household utility accounts for hydro, gas, telephone, cable and internet.

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9

When the family home has been sold, the proceeds of sale shall be distributed as follows: a) to the real estate commission and associated GST; b) to the usual vendor-purchaser adjustments, including property taxes; c) to the payout, including penalties and interest, of the mortgage; and d) the balance then remaining shall be divided between the claimant and respondent.

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10
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Pensions

11

The Canada Pension Plan credits that have accumulated during the relationship shall be divided between the claimant and respondent according to the policy and procedure of the Federal Government of Canada, with the dates for division being the date of to the date of separation, .

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12

The (choose claimant/respondent) is entitled to receive a share of the (choose claimant/respondent) benefits under as provided under Part 6 of the Family Law Act. The (choose claimant/respondent) must file the prescribed forms to receiving that share.

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respondent
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13

The dates to use for calculating the (choose claimant/respondent) share are and .

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14

The (choose claimant/respondent) will transfer from the to a registered plan in the (choose claimant/respondent) name by a spousal rollover under section 146(16)(b) or section 146.3(14) of the Income Tax Act.

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respondent
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15
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Debts

16

The claimant and respondent will share equally the liability for consumer debt of , made up by:

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17

The claimant will pay off the following debts:

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18

The respondent will pay off the following debts:

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19

The joint accounts will be closed.

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20
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Vehicles and household goods

21

The (choose claimant/respondent) will take possession of the .

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respondent
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22

The (choose claimant/respondent) will transfer title of the to the (choose claimant/respondent) and that party will take over all payments related to the vehicle, including insurance, loan payments and repairs.

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23
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