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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99959
Experience:  Lawyer
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Me and my husband bought a house, but title is on my

Customer Question

Me and my husband bought a house, but title is on my husbands name only. We were married at the time and still are. I have been contributing to mortgage payments and all other expenses throughout the time. My questions are:
Can my husband sell the house without my approval or knowledge?
Should my husband receive all the payment when house is sold?
Can I request to receive the half of the payment?
My husband recently has been granted a home equity loan that he explained is for us to do some home renovation, that I signed because I live in this house, but I have no control over the money. Since my name is ***** ***** the title I can not cancel the loan or withdraw my signature.
Please advise how to protect my rights with regards ***** ***** home ownership (to have equal rights) and ensure that I have control over the home equity loan.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The law is that the house belongs to your spouse. However, if you were to separate you would share equally in the value of the house even though your name is ***** ***** title.

Even though your name is ***** ***** title your spouse cannot sell the house without your consent because you have a right to occupy the home because it is a matrimonial home.

You cannot control what happens with the money because the money was loaned to your spouse and not to you. I'm sorry about that.

Let me know if you need any further clarification.

Customer: replied 1 year ago.
Am I legally obliged to repay the owned money to the loan if my husband defaults on the payment?Can I request that my name be added to the title?
Expert:  Debra replied 1 year ago.

You can certainly ask your spouse to add your name to the title. That is the most common way to that spouses hold title.

If your name is ***** ***** loan then you would be liable if your spouse defaults. But if your name is ***** ***** loan then you are as entitled as he is to use the money.

If you only had you can consent to him getting the loan then you cannot use the money but you will not be liable.

Customer: replied 1 year ago.
I did not understand the last two paragraphs. Could you clarify?
Expert:  Debra replied 1 year ago.

If you signed as one of the debtors then if your spouse defaults you will be liable for the loan just as he is. But if you signed as one of the debtors then you have as much say in what happens with the money as he does.

But, if you simply consented to him being able to get a loan secured by the house then you cannot control the money but you will not be liable if he doesn't pay them.

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