Omg, fml.....

[Kawoi]

This has me rattled and I don't know anyone else that hit this one yet.

I had agreed to sign the house over to the ex pending her being approved to take over the mortgage. Her lawyer will not disclose whether or not she was approved but since I am moving out of the house anyway she is taking possession.

Here is the kicker, it is still "our" house by title and mortgage and she is moving in doing what i have been doing for the last 9 months which is pay for everything myself. Now, she says that when she sells which will be within the year, she is going to block my share of the profit and keep it.

Not sure how she can do this without my signatures on every document including the one to list the house in the first place.

ugh....

[NotSoNiceEx]

Don't move then! Also taking you off the mortgage does not take you off title, she still would not be able to sell without your signature and acceptance of the offer.
If you must move and she is able to refinance on her own the bank has to notify you for you to sign off. If you deal with Scotiabank they can roll over the mortgage that is up for renewal and will continue to do so even without your signature every six months but they will pressure her to get you off or sign to continue the current term. It all depends on the financial institution and if you are at all behind in payments leins etc.

[Kawoi]

All payments are up to date and I have no choice now but to move. From what I can tell she was not approved to take over the financing.

[NotSoNiceEx]

You should contact your bank and find out, if she is not able to refinance you are both responsible for the mortgage until she can either find a cosigner or refinance on her own, at that time she can buy you out and you can take your money then. Another option is to bring forward a motion to get an order to sell, once one party asks for the home to be sold the order will be given. You should contact a lawyer for this, good luck i am going through the exact same situation.

[NBDad]

Are you giving up claim to the home in return for other kinds of equalization? Or is your ex supposed to re-finance to buy you out of your share?

Once you sign it over, you aren't entitled to any "share" of the proceeds once she sells it.

If she hasn't bought you out, or your value of the home wasn't traded off for other considerations during equalization, then she cannot block your share. She'll need your permission/signature to accept the offer. (Can't transfer title without you signing off or a court order)

Before you move out, make sure you have the home appraised. That will give you something to prove value of the home as of the date you moved out. Make sure your lawyer expresses to the other side that you are not giving up your share of the home and your understanding is the value of the home as of X date (based on the appraisal) is what you will be negotiating with in terms of valuation.

Sounds like she is trying to screw you, protect yourself.

[dhutch]

Good advice getting the house appraised before you leave. Make sure you have a list of all your possessions, with pictures as well if you can't take everything in one shot. I made that mistake. My ex bought me out, but i didn't even think about grabbing all my stuff at once. Now it's in the garbage thanks to the new wife. The above comment is correct. She can't sell or use home as collateral without your signature. Make sure the morgage stays current or your credit will be affected as well.

[Kawoi]

had the home appraised in the fall. has gone up a little but not much so the house is still a massive loss after penalties.

There is no equalization.... I had agreed to just walk away if she was approved to take the mortgage over. Now, when she sells next year, she wants to cut me out even though her end of the bargain was not met. Nothing new I guess. She never kept her word on anything....