I'm dealing with a seperation from my wife. I need help when it comes to the house. My wife bought it when we were only

Expert's Assistant chat
Customer: I'm dealing with a seperation from my wife. I need help when it comes to the house. My wife bought it when we were only dating. I think we were together 8 months, the title is in her name and the mortgage was in her name only. We were married 2 years as of July 29th and have been seperated since July 11th. I am currently living in the house as we have a daughter together and I'm primary so we figured it best I stay here. I am paying for half of anything to do with the house but I need to know if I am responsible and to what extent. She just told me that when we refinanced my name was added to the mortgage and we did that a little over a year ago. She keeps claiming it's the marital home, I'm responsible for everything and if we sell I need to help and take care of it etc. What is my part in this home? I just want to be out of it I don't care about the profit or debt I don't want anything to do with my ex
JA: What state are you in? It matters because laws vary by location.
Customer: I'm in Canada so I guess this won't work lol
JA: What steps have you taken so far?
Customer: We have agreed on child support, the schedule for visits, we aren't going after pensions. The only issues is the house. She has moved out of town and into a new place with her current girlfriend so she doesn't want to get stuck with the house because she won't be able to afford it.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so at the moment
Answered by Debra in 11 hours 3 years ago
imglogo
Debra
10+ years of experience
logo

170460 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Debra
10+ years of experience
logo

170460 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Debra, Expert

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.

img

Debra, Expert

I am sorry to hear of this difficult situation.

What province are you in pleases?

Customer
Alberta
img

Debra, Expert

When you say your name was added to the mortgage, was it also added to the title of the house?

Customer
No just the mortgage. Which I'm not 100% sure if it was. She said she called the bank as the payment didn't go out and said it was on there but I don't r
Customer
emember signing anything so I'm going to double check with the bank.
img

Debra, Expert

It is not likely that you are on the mortgage. First, you would have had to sign a lot of papers. Second the bank rarely allows someone to be on the mortgage and not on title.

If you are on title then the house is half yours and you each are responsible for the mortgage payments, property taxes, insurance etc. On top of that because you are living in the house yo would be responsible for the utility bills and you are actually required to pay 1/2 of fair market value occupation rent.

If you are not on title then you are not liable for any payments aside from the utility bills and fair market value rent (in full).

It is the matrimonial home but that has nothing to do with who has to pay for what.

Does that clarify the law?

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.

Customer
that does thank you. So at this point I don't believe I'm on it, so I understand I have to pay in full. If I were to go to her and tell her I can't a
Customer
fford it, I'm moving out and she decided to sell would I be liable for anything or profit anything?
img

Debra, Expert

If you are not on title you pay nothing for the house aside from what is called occupation rent which she is yet to learn about and the utilities. You don't pay the mortgage payments or the property taxes or insurance. She does.

After only two years you would not likely share in any profit unless you contributed to the value of the house.

Customer
What is occupation rent? I'm looking it up but I want to make sure I have my information correct.Okay I have no issues walking away with nothing. The m
Customer
arket value has gone down so anything I have put into the home wouldn't really matter at this time. Any work done to the house was done by me.
img

Debra, Expert

If you live in her house you should be paying her rent. If you both own it you should be paying her 1/2 of fair market value rent. But it may never come up.

Customer
At this point she believes I owe her for the house so we have agreed that I will pay for half of the house, property taxes and insurance plus I'll be pay
Customer
ing for the utilities.If I were to leave it as is and not talk to her about what you and I discussed could this fall back on me say in 6 months if she
Customer
found out and I moved out could see come back and say she wants the other half of what I owe? I'm just trying to figure out if I should be finding somew
Customer
here else to live right away as I can't afford the full rent
img

Debra, Expert

If you are paying for half of the mortgage etc then you may be paying more than what amounts to fair market value rent but also this is your agreement so she cannot come back at you after if you adhere to it.

But this really cannot go on as she will likely want to sell the house soon so your very best next step is to consult with a family lawyer face to face. You don't have to tell her but honestly it is definitely your most prudent next step.

Customer
I know she isn't in a rush to sell that's why I'm trying to figure this out before I approach her and a lawyer.
I'm returning to work Oct 21st from mate
Customer
rnity leave so I'm trying to put away money for a lawyer and paying off some debt if possible before moving.
img

Debra, Expert

You should NOT pay off any debt now.

Save your money but don't spent it on debts now.

Do see a lawyer at once and certainly don't wait until you are back at work to see a lawyer. Try to do so now.

Customer
Alright.If she sells the house and there is a debt owing on it am I responsible for half?
img

Debra, Expert

Not if your name is ***** ***** title or on the mortgage.

So what you really need to do is check with the bank about that before seeing a lawyer.

img

Debra, Expert

Is there anything more I can help you with at this point in time?

Customer
I don't think at this moment. I'll be back to work soon and look into speaking with a lawyer in person. Thanks for all your help
img

Debra, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer