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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3393
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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IF MY WIFE AND I SEPERATED OR DIVORCED AND I MOVED OUT OF

Customer Question

IF MY WIFE AND I SEPERATED OR DIVORCED AND I MOVED OUT OF THE HOUSE WE ARE IN WOULD I STILL BE RESPONSIBLE FOR THE UTILITY AND TAX BILLS. THE HOUSE IS NOW IN BOTH ARE NAMES . THE UTILITY BILLS ARE IN MINE.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

If the utility bills are in your name, then you're responsible for seeing that they get paid. The utility companies don't care about your marital status, they just want their money of course. If you and your wife are separating then you might want to come to some agreement that you'll split the bills until the home is transferred to you, but she won't be keen on that if she's moved out already.

Same with the property taxes, you are both on title to the home so the municipality will want that billed paid by either of you, and if they aren't paid then it attaches as a lien on the property which will have to be cleared before title is transferred. You're both on title, so either you split the taxes or she pays it because she's the one living there at the moment.

The easiest way to look at it is this: who is living in the home? You say that you've moved out, so I appreciate that you want your wife to pay the utilities because she's the one who is living there. And that seems fair, so hopefully you can negotiate that result. But the bills are in your name and the utility doesn't care if you live there or not, so ultimately it's your responsibility to get them paid.

I'd hate to see you and your wife get bogged down in negotiations over bills when you're trying to resolve the home transfer without court. If you don't have a lawyer, you should get one to help get this accomplished soon and done right the first time. After the separation agreement is signed, you may need to remortgage in order to get the funds to buy her out, and get the title transferred. Many banks can do the title transfer for cheap, so look into that to.

Anything else about this to discuss? If so then please reply. If not, I'd appreciate a positive service rating please if you're satisfied that I've answered you.

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