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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.
Debra, Expert
I am sorry to hear of this difficult situation.
What province are you in pleases?
Debra, Expert
When you say your name was added to the mortgage, was it also added to the title of the house?
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.
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.
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.
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.
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.
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.
Debra, Expert
Is there anything more I can help you with at this point in time?
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.