Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I am divorced and do not have the declared income required…

Quick question.... I am...

Quick question.... I am divorced and do not have the declared income required to remove my ex-wife's name from the mortgage She is not owed anything as I have paid her off. In addition, she has sent a signed document to the bank informing them that she is NOT resigning next month when the mortgage comes due for renewal.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I'm in quebec

Lawyer's Assistant: Has anything been filed or reported?

Divorce was finalized three years ago I am able to pay my mortgage payments but will not qualify on my own for the mortgage I'm just curious what happens April 1 when it comes time for renewal if she has instructed the bank that she will not be resigning. I forgot to ask my banker that question earlier today he mentioned that it then becomes a one year open mortgage at an increased percentage rate. BUT......is her name removed from the mortgage??????

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, are there fees for this service

Show More
Show Less
Ask Your Own Canada Law Question
Answered in 20 minutes by:
3/8/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,908
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question

I am sorry to hear of this difficult situation.

Are you saying she has already told the bank outright that she is no longer willing to sign a mortgage?

Is her name on title to the property?

Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Thank you! Her name is ***** ***** title and the letter she sent, I believe, stated that she is NOT willing to renew the mortgage.

The bank will likely not allow you to refinance then.

But you are going to have a couple of problems. First, no bank will allow you to mortgage the property with her name on title unless she signs the mortgage.

Second you are saying you do not qualify for the mortgage on your own. That would be you will need someone to guarantee the mortgage.

So your task is really to first find someone to guarantee the mortgage and then ensure her name is ***** ***** the mortgage with the bank now comes due.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Customer reply replied 1 month ago
what if I remove her name from the title at the notary? I do not have anyone able to co-sign. My banker did mention that starting april 1, it will be considered a one year open mortgage at a higher interest rate. My question is, will this remove her name from the open mortgage, or will it remain, even though she sent a letter insisting that she will not be renewing.

You won't be able to remove her name from the title without the bank's consent until the mortgage comes due. They have to lift the mortgage for you to be able to do that and they won't unless they are willing to give you a mortgage on your own.

So what is likely going to happen is when the mortgage comes due they will not renew it and you will have to find alternative financing.

Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Something doesn't add up because the banker already informed me that me new mortgage payment will be $1600 instead of $1340, due to the higher interest rate from the one year open, however, he didn't mention if this removes her name from the mortgage.

I think you have to ask them outright what they are going to do. But, I have never heard of a bank keeping someone's name on the mortgage who says they are not renewing as it makes no sense as she would not be liable for the mortgage. I have also not heard of any bank that will allow you to have a mortgage on your own with someone else's name on title. It's unheard and for good reason. They want the full house and not have to be security for the loan.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,908
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Ok. Thanks for your help.

You are very welcome. Could you please come back and let me know what the bank says? This post will not lock so you can easily just drop me a message.

Thanks and best of luck.

Ask Your Own Canada Law Question
Was this answer helpful?
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,908
103,908 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

103,908 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
What is the statute of limitations for insurance fraud under
Hi. What is the statute of limitations for insurance fraud under 5000 … read more
Nate Munk
Nate Munk
JD
3 satisfied customers
I was employed through a temp agency who terminated my
I was employed through a temp agency who terminated my contract near the end of January, but didn't send my Record of Employment to Service Canada until the beginning of April, severely delaying the p… read more
Debra
Debra
Lawyer
103,908 satisfied customers
My fiance wants to take her son with us to visit her brother
my fiance wants to take her son with us to visit her brother and niece, we are from alberta and they live in Saskatoon. He is being very uncooperative about it and says he with bring Provincial and fe… read more
Debra
Debra
Lawyer
103,908 satisfied customers
My ex husband and I were separated for 11 months but living
Hi my ex husband and I were separated for 11 months but living under the same roof , he has now moved out and he has said he will not contest the divorce. Can we get one … read more
Debra
Debra
Lawyer
103,908 satisfied customers
Someone intentionally damaged my car ,I know who he is ,I
Someone intentionally damaged my car ,I know who he is ,I have witness and police report. The person admit to police officer that he's the one who did it. My question is how do I get restitution for c… read more
Debra
Debra
Lawyer
103,908 satisfied customers
I need a civil right lawyer for my case against my union
i need a civil right lawyer for my case against my union president in canada post fraser valley and my manager and supervisors for failing to do their job to protect me against a serial bully in cpc. … read more
Debra
Debra
Lawyer
103,908 satisfied customers
I am on disability from a work injury. And will no longer'
I am on disability from a work injury. And will no longer' be able to work. I am 56. I had a company that has been closed for. 4 years and there is taxes owed. Can the government Garnish my small disa… read more
Debra
Debra
Lawyer
103,908 satisfied customers
I just got a speeding ticket in Quebec 150km in a 100km zone
I just got a speeding ticket in Quebec 150km in a 100km zone ticket says the fine and 5 points , fines no problem but wondering if this will effect my licence in Nova Scotia thanks … read more
Debra
Debra
Lawyer
103,908 satisfied customers
How are you? British Columbia. I have filed a complaint with
I was removed from service and now they have send me letter of Notice to appear… read more
Debra
Debra
Lawyer
103,908 satisfied customers
I plan to visit Canada in June 2018. In May 2008 my "no
I plan to visit Canada in June 2018. In May 2008 my "no contest plea" to "disturbing the peace" was withdrawn, the case was dismissed, and the conviction expunged. Will I have difficulty entering Cana… read more
Debra
Debra
Lawyer
103,908 satisfied customers
I live in toronto Ontario, and a few days ago, my partner of
I live in toronto Ontario, and a few days ago, my partner of 6 years and i got into an altercation we both had a lot of to drink him a lot more than me, it was an argument that unfortunately turned vi… read more
Debra
Debra
Lawyer
103,908 satisfied customers
I am an executor involved in the passing of accounts for a
I am an executor involved in the passing of accounts for a 300K estate. Because my province provides no guidance on how to calculate the fees, I used a formula on the internet from the Ontario court s… read more
Debra
Debra
Lawyer
103,908 satisfied customers
Tenant is exceeding the occupancy of the building? Ont
tenant is exceeding the occupancy of the building? … read more
Debra
Debra
Lawyer
103,908 satisfied customers
I have a questions about Canadian real estate law. is this
Hi, I have a questions about Canadian real estate law. is this something you can help with? … read more
Debra
Debra
Lawyer
103,908 satisfied customers
My grandfather was admitted to emergency with a heart attack
My grandfather was admitted to emergency with a heart attack and pneumonia. He has dementia and is 81 years old. He was put on bloodthinners because surgery was not a viable option. He was then admitt… read more
Debra
Debra
Lawyer
103,908 satisfied customers
I have nothing in my name or any receipts while being in
I have nothing in my name or any receipts while being in love i never thought it was important now she is wanting me to leave and is pushing me out to the curb with nothing we have 4 foster children a… read more
Debra
Debra
Lawyer
103,908 satisfied customers
I live in Onoway Alberta, Canada. I am currently banned from
Hello. I live in Onoway Alberta, Canada. I am currently banned from entry to a local restaurant/bar. I was informed by FB messenger that "unacceptable" posts on my personal FB page about my then boyfr… read more
Debra
Debra
Lawyer
103,908 satisfied customers
If a separate property $$$ is moved from a country to BC
If a separate property $$$ is moved from a country to BC canada, will that be both spouse's $$$ to split on divorce? … read more
Debra
Debra
Lawyer
103,908 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x