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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11627
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I and my ex-husband have separated start from Jan 14.2015.

Customer Question

I and my ex-husband have separated start from Jan 14.2015. At that time, he said he will give me the house (we have 50/50 on title). Therefore, I kept paying the mortgage from my pocket until September 2015 and I am still living in my house. We still don't
have any binding document (he haven't signed separation paper, but filed notice of family claim to the court for divorce) yet. Therefore, I stop paying the mortgage since September 2015. If I pay the mortgage, do I get the 50% of his proportion back from his
proportion when we get divorce in next January? A legal aid advised me that I won't get 50% back from his portion because I am living in the house. I live in BC, Canada
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** and I'm going to assist you with your question.

I believe that the legal aid is correct. What you are paying in the mortgage now is technically considered the same as rent if you are living in the property and he is not. Therefore, if you were to sell the property, the proceeds will be split 50/50 between the two of you at the time of the sale.

Customer: replied 1 year ago.
Is this applied to BC Canada law too? It is not fair because he is the one who moved out with his girlfriend and left two mortgages with me and does not do anything to finish it. I try to ask him to sell the house so that we don't have to lose the credit score, but he keep quiet. What can I do for this situation?
Expert:  MIAMILAW1127 replied 1 year ago.

You have to try to reason with him and sell the house as soon as possible.

Unfortunately, the longer you hold on to the house, the more mortgage you will have to pay. If you stop paying the mortgage, you will have bigger problems and you may lose the house.

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