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Legal rights to joint mortgages.

Posted on: 10th Sep, 2008 11:46 am
If two people are the mortgage holders on a residential property, are both parties legally responsible for fulfilling the mortgage? Here is the situation:
Myself and a boyfriend purchased a home.
The boyfriend never moved into the home; he still resides in his previous home which is now owned by his "corporation".
I can no longer afford the sole responsibility of the mortgage and want to know if legally he is entitled to pay half or a portion.
Contact a solicitor AND the police right away.
Posted on: 20th Dec, 2010 09:10 pm
Contact the police?????????? For what purpose? The Friend lives there, he owns the home jointly with Janey - does non-contribution to the mortgage constitute a crime? Not in this world, it doesn't. A "solicitor" - are you from the UK? Yes, a lawyer might be helpful but that's only if Janey wants to create additional animosity.

Janey, I'm afraid I don't have any great solutions for you here; you can certainly get a lawyer who'll lay out whatever options may be there and hopefully you can do that with a mere consultation instead of actually paying him. Call Legal Aid - they might step in and help, and they're a freebie.
Posted on: 21st Dec, 2010 02:29 pm
I have being pre-approve to remortgage my house which my ex-husband is also co-owner. He has agreed to sign any type of document that would remove his name from any rights to the house (I have been helping him with his debts) for the past 2 years. Can you advise me on the type of document I can draw for his signature.
Posted on: 03rd Jan, 2011 09:55 am
hi cb!

welcome to forums!

your husband can sign a quitclaim deed and transfer the property to you. this will make you the sole owner of the property and then you can refinance the loan in your name.

feel free to ask if you've further queries.

sussane
Posted on: 03rd Jan, 2011 10:13 pm
Hi Sussane

What if there is a judgment on the property against my husband from Revenue Canada. Can this be done also.
Posted on: 04th Jan, 2011 12:46 pm
Hi cb,

The judgment will remain on the property though you refinance it. You should ask your ex-husband to pay off the judgment so that you can get the property free and clear of the judgment.

Thanks
Posted on: 04th Jan, 2011 08:58 pm
When you attempt to refinance, you'll find that the lender is going to require that the judgment be paid in full. You may be able to borrow enough extra to pay it, or you may have to come up with cash. It's wise to have your ex-husband pay it first.
Posted on: 22nd Jan, 2011 08:37 am
If you can, that is.
Posted on: 22nd Jan, 2011 08:37 am
hi my boyfreind and i live in his house which is in the names of him and his ex partner she has made no payments what so ever can she force the sale of the house its me that has been paying the mortgage for 5 years could she force me out of the house what rights do we have.
Posted on: 17th Oct, 2012 06:40 am
Hi tracey!

Welcome to forums!

Unless your name is mentioned on the property deed, you won't have any legal rights to that property. The ex-partner can claim property rights and can also force a sale of that property. Your boyfriend will have to ask the ex-partner to transfer the property to him. This will release the ex-partner from the ownership rights of that property.

Feel free to ask if you've further queries.

Sussane
Posted on: 18th Oct, 2012 12:21 am
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