My spouse has separated from me, the kids are currently living with me in a house that is solely in my name (marital

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Customer: My spouse has separated from me, the kids are currently living with me in a house that is solely in my name (marital funds used for purchase). The other house where my spouse is living is in joint names. The spouse does not have a job to my knowledge and isn't in a position to get a mortgage (to the best of my understanding) and is refusing to put the house on the market.A rental property has just sold so there is equity that can be split from it, meaning the funds could be used to continue paying the mortgage for a period of time but this delays splitting the asset, nor does it help me get my name off the mortgage.If i was to stop paying the mortgage on that property (which of course would impact our credit and bank will start writing warning letters to take the property off us) would I get into any legal trouble? I'm hoping I have no legal obligation to pay the mortgage on that place when there's plenty of equity in it for the spouse to take/have to equalize 50/50 between the two houses.Thanks
Answered by Legal Ease in 5 mins 1 year ago
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Jessica

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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Legal Ease, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can. Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me.

I am sorry to hear of this difficult situation.

You are both responsible for the mortgage. Really each of you should be paying half. If you don't continue to pay the payments and your spouse doesn't either the bank will foreclose. So they'll take the property and sell it. It will be sold for much less than you would receive if you listed it yourselves. They would be significant for closure fees and legal fees etc. They would also be significant penalties for ending the mortgage early.

For this reason a better approach would be to retain a lawyer and have the lawyer send a letter to your spouse threatening an urgent court application for the sale of the house so that you aren't harmed as significantly.

Does that make sense?

Customer
Thank you, ***** ***** makes sense. So just to confirm there's no legal obligations on me to have to pay the mortgage for her whilst she isn't working? Also when trying to divide the asset from a 50/50 point of view, could that equity that gets lost if the bank repossesses it due to her refusing to put the property on the market count as an equalization payment from me?So say there is 100k in that place, and a 100k in the place i am living in. If we sell the place she lives in then she would get the 100k and it be equal (loosely) but if she refuses to sell the place and we lose the equity, would she be legally allowed to come after my asset due to her refusing to sell the house she is in which is in joint names?
Customer
Because her refusal to put house on the market would lose the equity which would go to herself during the 50/50 split, or at least that would be the plan on my side so it serves as an equalization payment. So it would seem unfair to me if we lose that equity due to her refusing to put the property on the market, plus she would be costing me more $ having to get a lawyer to write her a letter
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Legal Ease, Expert

Well that's why you have to get a court order so that you don't suffer this loss because you will both end up having less assets to share.

You don't have a legal obligation to support her unless she gets a court order.

Customer
What would be her grounds for getting a court order to support her?
Customer
what would that support look like? What support would be expected of me? Thanks
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Legal Ease, Expert

If you have income and she does not or if your income is higher than hers then you may need to provide her spousal support. You can use this support calculator and use the free version:

https://www.mysupportcalculator.ca/

Customer
Oh yes thanks for sharing, at the moment the kids live with me because she left and there's a custody dispute / negotiation so if she gets 50/50 then i would have to pay the spousal support and CS but if i get 60/40 then i don't think i have to pay spousal support?Regarding your earlier point about a court order to support her, surely the court wouldn't order me to pay the mortgage on two houses whilst she doesn't have a job? especially when there is equity in the house which could be sold and she could keep all of the equity and easily afford to rent somewhere for several years
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Legal Ease, Expert

Spousal support will have to be paid if she doesn't have much income or any income regardless of whether you have the kids all the time or not. The court will order the sale of the home. The court isn't going to order you to pay any mortgage. The court is only going to order you pay her support.

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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