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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-01-2014, 07:22 AM
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Default Mortgage/line of credit refusing to pay

My fiancées ex is staying in the matrimonial home for over a year. Recently he has said he will be paying the mortgage or line of credit tied to the home. He is now 90 days overdue on said payment. They are still working on a separation agreement.

What happens. Now?
Is his ex wife required to pay it or is he?
Is he legally responsible for it because he is living there.

I assume it might go to power of sale.

Thanks
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Old 03-01-2014, 07:41 AM
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if her name is on it also then she should be paying if she wants to protect her credit rating. If its a line of credit, she should of been paying half all along.

without an agreement, they are both on the hook.

Why hasn't the house been disposed off already? Either sold or someone buys someone out?
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Old 03-01-2014, 07:50 AM
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Messy situation
He opened credit cards in her name, ran them up during marriage and hid it. She found out after separation. He has been using lines of credit not her. Always at the max. Her credit rating is trash.
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Old 03-01-2014, 08:09 AM
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So she reported him for fraud right and he has been charged?

If she hasn't done anything about it, she is still on the hook for it. If it is joint debt, she is still on the hook for it. Whether she has been using it or not, if they have a joint line of credit on their mat home, they are both responsible for it. If neither of them pay the mortgage then the bank will repossess the house, then good luck getting a mortgage in the future.

If it has been a year, she should be going to court to force the sale of the house... has she done this yet?
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Old 03-01-2014, 08:23 AM
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the credit card thing happened during their marriage. He had been paying the bills but decided to stop.
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Old 03-01-2014, 08:29 AM
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he shouldn't have to pay all the bills on his own when there is no separation agreement done. She still has to pony up her half.

Like I (and bf) asked, why hasn't the house been sold??
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Old 03-01-2014, 08:52 AM
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He wants to keep the house. There is also a business that was supposed to be sold but hasn't been. HE abuses the line of credit. HE keeps paying it and then ramps it up over the limit.

the debt is actually due to the business and that is registered at revenue Canada. She has not been receiving any income from the business, he has.
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Old 03-01-2014, 08:55 AM
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on a separate but equal note. I have been paying the bills for my house and have not received any income from my ex. Is she responsible for some of the bills with the house?
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Old 03-01-2014, 12:32 PM
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Are you living in the matrimonial house and she is not? If so, I believe you're responsible for the costs associated with using the house, such as utilities (heat, water, phone, internet, etc), and she is responsible for half the costs associated with owning the house (mortgage and taxes).

However, if she still owns half the house, the money she owes you for mortgage and taxes should be set against the money you owe her for having the sole occupant of a house you both own. This amount is equal to half of what it would cost to rend a residence similar to your house (which you can figure out through reading classified ads or a real estate agent). If you search "occupational rent" here, there are plenty of threads.

The idea is that you are now both a tenant and a half-owner in your house. Your ex is the other half-owner, so you owe half the rent to yourself, and half to her. Someone else may be able to explain this better than I can.
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Old 03-01-2014, 12:34 PM
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I live in the house and have been paying all bills for now. the house is in my name. I have paid her an equalization payment for most of the house.
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