1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

He is planning on selling his 50% of the home

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

My common law spouse and I have been separated for almost 5 years now. I still live in the home which is in both our names. We have both been paying equal amounts towards the mortgage each month. He has just informed me that he is planning on selling his 50% of the home to a "company" and that a new name will appear on the title with mine. He says that this make me responsible for all debt owing on the home and allow him to walk away. Is this possible...or legal...for him to do??

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
5 years ago

There is currently nothing to stop him from transferring his interest to anyone else or to a company. You could file a Certificate of Pending Litigation against title (this requires you to commence a proceeding by way of a Notice of Family Claim) which would likely at least temporarily prevent any change in title). If he stops paying, you may be able to seek spousal support from him to help contribute to the mortgage expense – although it initially appears that you may be barred from claiming you are a spouse under the FLA (because it has been more than 2 years since you separated), however you could argue that the two years time limit was extended (or suspended from running) by reason of his continuing to voluntarily pay support to you by continuing to pay the mortgage for the past 5 years such that you had no reason to file for spousal support because of his agreement to continue to pay the mortgage. If you are found to be a spouse under the FLA then you can also claim a division of debts including the mortgage. Any new property owner would take their new interest subject to the prior mortgage on title such that if the home was sold, they would net 50% of the equity after the mortgage has been discharged from title and I believe that you would have a claim against the new owner for an accounting of half of any property taxes, property insurance and possibly any reduction in the principal owing on the mortgage by reason of your payments. You want need to speak to a Real Estate lawyer on this latter issue of an accounting to the new corporate owner and your rights if any to seek contributions to the mortgage from them.

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x