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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3502
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My wife divorced her exhusband and she agreed to give m the

Customer Question

My wife divorced her exhusband and she agreed to give him the house they shared. It was all done in there separation agreement he signed in August 2015, and he was to have her name taken off the mortgage. Which he hasn't done. What are our options to get this done. As he is dragging his heals.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello Rick, thank you for the question.

When is the mortgage up for renewal?

Does the separation agreement say he will indemnify her for any mortgage payments she's forced to make?

Customer: replied 1 year ago.
Not sure. The agreement signed all rights to the house over to him. But the mortgage is in both their names. He was supposed to change it but hasn't done it. Is she still responsible for it
Expert:  Ulysses101 replied 1 year ago.

She is responsible for the mortgage if he doesn't pay it. It doesn't matter if she's on title to the home or not.

It's not as simple as the ex just taking her name off the mortgage. It's a contract between the bank and both of them. The bank isn't going to just take her name off because that reduces their security on the loan.

She needs to check the separation agreement to see if there's a clause that he'll indemnify her for any mortgage payments she's forced to make. Then she needs to take the agreement to the bank and see a mortgage officer to inquire about when the mortgage is up for renewal, and whether they can take her name off the mortgage without any penalties. It's up to the bank if they'll do the latter. She may just need to wait for the renewal to come up, and then obviously she won't agree to continue to be on the mortgage.

Does that make sense? Please reply if there's more to discuss. If I've answered you I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 1 year ago.

Rick, I'm stepping away from my computer for a bit. I don't want to miss your reply and leave you hanging. Anything else about this issue?

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