Hi everyone. Location: Canada, Ontario. So, this situation has been going on for 5 solid years. My MIL is in an ongoing separation with my FIL, who, in my very honest opinion, is a master manipulator. Everyone believes this guy, unfortunately — except for people who know him.
So, the my MIL is being sued by my FIL, so that she must leave the property. He owns 1/3rd, she owns 1/3rd and my MIL’s mother owns 1/3rd. This is farmland, and is being rented out. MIL gets half of pay, FIL (in his 70s) gets half of pay — Grandmother in law (in her mid 90s) gets none. Grandmother in law is considered mentally unfit to participate in this court hearing (she has mild to severe dementia), and MIL is the official caretaker. The farm has 2 houses on it: the newer one that MIL built, and the old original house. MIL and Grandmother live in the original house. FIL, myself (in mid 20s), brother in law (he’s a minor), and husband (in mid 20s) all live in the newer house.
FIL already sued Grandmother in law and MIL because he wanted to sell the entire property, which was initially being prevented by MIL not wanting to move Grandmother in law due to her mental condition. FIL claimed MIL was “preventing him from moving on”. FIL was offered 2/3rds of the property’s worth, multiple times — before and after the aforementioned court case. This case didnt make it past the initial hearing due to Grandmother not being present (MIL did not have a good lawyer and was told to just provide court with doctor’s note of grandmother in law’s mental condition).
Also good to note that multiple funds are being withheld from MIL by FIL, so she currently cannot afford a lawyer. FIL is an undiagnosed chronic alcoholic (he is practically always drunk; drinks over 6 beer per day) and is mentally unstable — although has not been declared as such.
Current case has been served to MIL and Grandmother in law last week. It was well over 70 pages in length, and she has until early this week to respond before she gets a notice that she is to be evicted from the property within 30 days. This is so absurd; how can she fight this??
FIL also lied under oath — he said that Grandmother in law lives in the same house as myself and himself, and that the room (which is actually my and my husband’s room) is “unfit for her”. Any advice? Or things I need to add to clarify? Please help — we don’t have much time left
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You simply need to find a way to pay for an attorney, even if you have to take out a personal loan. This is something that needs professional legal oversight, and it is not something you can handle on your own. I guarantee it will involve private investigators, Potentially police, medical providers, and records, etc. Do not delay or think you can handle this on your own
It’s not just absurd, it’s also incomplete. The timeline for any action on the property is much longer than 30 days plus a week from filing to a judgment disposing of the property. Partition actions in Ontario regularly take months to play out, and sometimes years, and divorce actions generally require at least a year of separation before they can proceed. Either this has been in progress for much longer than you’re aware of, or your MIL is up against a deadline to file a response but not a deadline to vacate (yet).
I would assume that you have an incomplete view of the situation, which makes it hard to offer meaningful advice. However, your MIL owns one-third of a property. Unless the property is mortgaged to the hilt, she should be able to borrow against it to fund a lawyer.
> Any advice?
For you? Disengage from this situation as best as you can, and make plans to move. One way or another, that property might eventually be either subdivided or sold. Your FIL has that right, either through divorce or through partition; your MIL’s inconvenience and your grandmother’s healthcare needs are not a good reason for his equity in the property to stay locked up in it indefinitely.
It is possible that a court battle will conclude with your MIL, your gran, or both, owning the property free and clear, with your FIL bought out, but it’s also possible the place will ultimately have to be sold. If you want stability, get ahead of it.
A better place to post would be r/LegalAdviceCanada
I’m American and also not a lawyer. Can you prove that your fil is lying and get the case thrown? Can you prove that he’s been offered more than his share of the property? Would his alcoholism be a way to discredit him in court?
Try to find a legal aid clinic nearby.