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My ex husband and I own a property together title and the…

My ex husband and...

My ex husband and I own a property together my name is ***** ***** and the mortgage upon the divorce he was not financially able to hold the mortgage without me as a co signer so I have had to remain 9 years on the mortgage, in our separation paperwork it states I didn't want to be financially liable for the house .. Now he wants my name off the title .. I want to make sure I will not be financially liable on the mortgage....my question is that due to the fact that I have had to be attached to this house it limited my borring ability over the past 9 years...what am I leagally entitled tok

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have not signed anything or received documents as of yet, his lawyer is supposed to send the documents today via email

Lawyer's Assistant: Where is the house located?

In chapleau Ontario it is a triplex that he has been living in on and off but had fully rented for the 9 years

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

No I think that is all the information I have

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Answered in 11 minutes by:
3/14/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,085
Experience: Lawyer
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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.

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What does your separation agreement say about what happens when the property is sold?

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Customer reply replied 5 months ago
It states only that as soon as he can get my name off he would, no mention of the sale of the property

But were you to be paid out for your interest? Were you paid out? Was this property already considered when asset division took place and was he to get the property even though your name would remain?

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Customer reply replied 5 months ago
There were no asset division, I wasn't paid out anything. He only pays me 350 per month in child support which he doesn't do consistently
Customer reply replied 5 months ago
Only thing stated on the paperwork is that I didn't want to be held financially responsible, but the words meant nothing because if he defaulted I had to pay the mortgage

Then you would get half the equity if the property is sold. It is half yours.

Does that make sense?

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.

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Customer reply replied 5 months ago
Thank you, ***** ***** this is why they are pushing me to sign this paperwork and not giving me time to retain a lawyer to review, they are trying to make me give up the property. I don't want half of the house I just want some compensation for having to hold the mortgage so long which limited my borrowing power over the years, is it possible to get compensation for that?

Yes for sure.

But please don't consider dealing with this on your own.

Have a lawyer negotiate with you. You are in a very strong position so don't consider doing this on your own.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,085
Experience: Lawyer
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 5 months ago
I am feeling pressured from his lawyer saying I need to sign by this Friday what do I do?

You say that is ridiculous. You will retain a lawyer and your lawyer contact the lawyer shortly.

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