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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99963
Experience:  Lawyer
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Not sure if this is the right box... but here goes. My

Customer Question

Not sure if this is the right box... but here goes.
My husband and I separated June 2015. We are waiting the one year time period for divorce. We have a separation agreement that has divided our financial debts clearly as well as custody etc.
In this arrangement my husband took full responsibility for a loan that was in my name with him as a co-applicant. The company was not able or willing to put this in his name. So it remains in my name, but he makes the payments and we still have the agreement signed and sealed by a notary stating it is his responsibility.
He has been having difficulty making payments and wants to refinance this loan to lower the payments. To do so the company needs me to go down there and sign agreement to the refinancing as it is still in my name.
If I sign this refinancing am I in effect re-establishing responsibility for the loan?
Also, is there not anyway to have this legally changed to his name so that it doesn't keep affecting my credit everytime he doesn't pay?
thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You are still responsible for the loan as between you and the creditor. But as between you and your spouse the agreement protects you from being responsible.

Do you see what I mean?

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