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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101381
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My name ***** *****. I bought the house while live with my

Customer Question

My name ***** *****. I bought the house while live with my husband. I paid down payment from my RRSP. My name only on the Title, and only I am paying the mortgage. We decided sell the house, but my husband withdraw his consent of sale the house after he was arrested for domestic violence against me, and now he wants prevent me again from renting this house. while I am waiting for a divorce. Grounds for a divorce I wrote as a adultery and cruelty. I cannot afford to pay rent and the mortgage, what should I do?
JA: Thanks. Can you give me any more details about your issue?
Customer: I did already
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Submitted: 1 year ago.
Category: Canada Family Law
Customer: replied 1 year ago.
well, i am waiting for the answer. I read about Devor law, Matrimonial law, and other acts, and it seems to me like i cannot to do anything without his consent,even he is alcoholic, a liyer and made financial fraud in his country of origin that i just found about.
Expert:  Legal Ease replied 1 year ago.

What province are you in please?

How long have you been married for? Did you live together first and if so for how long?

Are there children?

Customer: replied 1 year ago.
I am 51. This is my third marriage. At the beginning he has refugee status in Canada, then we got married and I sponsored him. Lived together 5 years as a couple. No children. In Alberta 3 years.
Expert:  Legal Ease replied 1 year ago.

Were you married for all of the five years you lived together?

Whose name is ***** ***** to the house?

Customer: replied 1 year ago.
Please take a look on my question.I bought house two years ago, and only my name on the title. We lived with husband in that house 2 last year.
Expert:  Legal Ease replied 1 year ago.

But I am trying to determine the full length of your legal marriage before you separated. It is not about how long you lived in the house for but how long from the day you got legally married until you were separated that I am interested in because that is an important factor in terms of the division of assets.

Customer: replied 1 year ago.
We have been recently were separated for 5 months, from June 2015 to November 2015,,then started over, but it did not work Before that we lived together during 5 years.
Expert:  Legal Ease replied 1 year ago.

When you separated last time was there a separation agreement?

Who paid for the house?

Customer: replied 1 year ago.
We did not have a separation agreement. I am paying the mortgage. When we lived together first 8 months after I bought the house my husband paid 2/3 for the houses expenses that included utilities and mortgage, because I paid down payment, then he did not paid a penny during 3 months and then left me for another 5 month without any support for the house. After, we had reconciled in November 2015 he started paying me money for the house based on the tenant's agreement, because I afraid he again will not pay me a penny. Together we decided sell the house and move to another town. We started looking for a job, I found job first and moved, he decided to stay until he found job too, but on the third day of my movement I was advised of his adultery. I come back and found the evidence, then by circumstances he was arrested for domestic violence against me. As soon he released, he withdrew his consent to sale the house, and also not allows me rent the house, even he moved out from house and do not want pay mortgage himself. Now I am paying the rent, mortgage and insurance for the house by myself, but cannot afford it for too long.
Expert:  Legal Ease replied 1 year ago.

He is being terribly unfair and he has no right to expect to share in the value of the house but not help pay for the expenses relating to the house and at the same time not agree to rent or sell it.

You will undoubtedly be able to get an order for the sale of the house and the order will also apportion what share of the house you will each be able to obtain and it will not necessarily be a 50/50 split because your marriage was too short to merit that and because it is not fair that you should be burdened with all of these expenses now.

I suggest that you immediately retain a lawyer to represent you who will send a letter to your spouse asserting your rights and threatening a lawsuit.

You should not delay because you are stuck making all these payments and may take some time to sort this out and/or to get into court.