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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99497
Experience:  Lawyer
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Story...I am being sued by the company my husband (who i am

Customer Question

long story...I am being sued by the company my husband (who i am in the middle of divorcing) sign a mortgage March of 2015. I signed a dower consent so he could purchase the house in his own name. i moved out Nov. 2014 and have been financially separated since Jan 2015. But since I have dower rights, I'm being sued too. I didn't have any knowledge any of this was going on until I was served at my door.
JA: Thanks. Can you give me any more details about your issue?
Customer: We seperated June 2014. I moved out November 2014. We saw a mediator Nov. 2014 and went through who would get what. We separated our finances Jan. 2015. He wanted the Matrimonial home and I wanted our rental property as the mortgage was easy to handle since it was so low and I am on disability. Andrew, the ex, got me to sign a dower consent in March of 2015 so he could assume the mortgage on the matrimonial home, take me off title and take the equity to pay off the debt. I haven't had any discussion with Andrew about the matter since. Then Feb. 1 I get a knock on the door and am served with a Statement of Claim stating Andrew hasn't been paying his mortgage and that they have had communication with one another about this matter in the past which I haven't had ANY information on or been part of until I received this Statement of Claim. I haven't had anything to do with Andrew or had any knowledge of his financial position, responisbilities or otherwise to know what was or wasn't being paid.
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Thank you for requesting me.

What does the claim say they want from you?

Customer: replied 1 year ago.
3. It's says I'm the "spouse of the Defendant and as such holds a Dower interest in the property."9. The defendant, Andrew,
Remedy sought:
14. "An order extinguishing any interest in the mortgaged lands of the defendant, Amy G."It says more; here are screenshots without names.
Customer: replied 1 year ago.
I wasn't finished. Sorry.
9. "The defendant, Andrew, is the registered owner of the property and is believed to be in actual possession thereof."
Expert:  Debra replied 1 year ago.

Are you willing to relinquish your rights?

Customer: replied 1 year ago.
But, one question:
I have a lien on his property. By relinquishing my rights on the property does that mean I can't collect on the lien as well?
Expert:  Debra replied 1 year ago.

You can let the lawyer on the other side know that you are prepared to relinquish your dower rights but of course will not remove the lien on title.

That should satisfy them with respect to the lawsuit and so long as they don't have a problem with you collecting what you are owed that is secured by the lien it should be fine.

Customer: replied 1 year ago.
I've had my lawyer contact their lawyer. She said since they (the mortgager) has already filed a Statement of Claim, they won't accept a release of dower.
Customer: replied 1 year ago.
Hello?
Expert:  Debra replied 1 year ago.

There is no reason for you to respond to the statement of claim if all they are asking for is a release of dower and you are willing to give it.

I don't think they understand your point. It may be best for you to retain a lawyer and have the lawyer write them a letter explaining what your position is.

Customer: replied 1 year ago.
Is that all they're asking for? Or are they looking to get money owed on the mortgage from whomever is attached to the Moetgage?
Expert:  Debra replied 1 year ago.

I cannot read the claim. I am not permitted to do so by the rules of my law society. But, you said they were only seeking a release of the dower rights. And, in any event, are you or are you on the mortgage?

If you aren't sure what they were asking you have to see your own lawyer face-to-face and have the lawyer review the claim for you. It is too dangerous not to proceed that way.

Customer: replied 1 year ago.
Okay. Thank you.
Expert:  Debra replied 1 year ago.

You are very welcome.

I hope this works out.

Take good care.

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