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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 08-19-2015, 02:32 PM
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Default Selling his half of the home...

My ex and I own a home together. We are both on title. I have been living in the home since our split in Dec of 2010. He has been paying half the mortgage. Now he emails me and says that he is going to be selling his half of the house to a "company" allowing him to walk away and a new name will appear on the title along with mine. Can he do this without my consent? I'm thinking no, that I have to sign the transfer of title papers but just looking for any insight.
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Old 08-19-2015, 03:14 PM
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Why wouldn't you just buy out his half of the home instead of remaining joint owners or him looking for other buyers such as this?

And no, I don't believe he can do that anymore than he can sell "his half" to any other individual.

Some info:

The Matrimonial Home and Family Law in Ontario

Quote:
Protection given to the matrimonial home

Neither spouse can sell or encumber an interest in a matrimonial home, except by court order, unless the other spouse has consented or released their rights to the home in a separation agreement. If one spouse does “alienate” the family home in this way, the court can set aside the transaction upon application of the other spouse. This is the case unless the person who purchased the house did so in good faith and was not aware the home was a matrimonial home (FLA s. 21(2)).
Sounds like he's just blowing smoke in order to get some movement on either selling the home or you buying out his half - which you should do if you want to continue to live in it.
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Old 08-19-2015, 03:16 PM
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This is another interesting article on selling "half" of the home:

Estate Law Canada: How do I sell my half of a jointly owned house?
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Old 08-19-2015, 03:17 PM
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first off why don't you try and buy him out?? He has been paying half the mortgage since 2010 and you are the one living there so I can totally understand him wanting to sever ties. Either buy him out or sell the house so you can both move on.

I am not sure if can sell his half of the home without your consent. It would suck if he did as a "company" wouldn't be emotional about it as he may have been. If he can, I am not sure if the "company" can rent out part of it to a stranger or force certain conditions on you.

Your best bet is to deal with the house one way or another. Talk to a real estate lawyer or maybe even an agent to find out if he can do what he wants to do.

looks like blink has your answer.

Last edited by standing on the sidelines; 08-19-2015 at 03:19 PM.
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Old 08-19-2015, 03:33 PM
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The home is far too big for me now that our children are grown so I'm not interested in buying him out and frankly, I can't afford that option. He was court ordered to pay the mortgage for 4 years as part of our spousal support agreement. I have asked him repeatedly to have some minor repairs fixed that were in disrepair when he left so that we can list the house with a Realtor and get the most money possible and then part ways...He refuses. I have offered to pay the costs of the repairs now as long as I recoup those costs at the time of sale...Again, he refused my offer. And now I get this email saying that he's selling his half...
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Old 08-19-2015, 04:04 PM
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Are you willing to let him recoup all the money he puts in for the repairs once the house is sold?? Maybe get an estimate for the repairs and then get a real estate agent to figure out how much value that would add to the house.

If he isn't willing to do the repairs then just list the home as it is. The sooner it gets sold, the sooner you both move on with your lives.
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Old 08-19-2015, 04:07 PM
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In other words his obligation to pay the mortgage has ended and you want to get the highest price for the house. Its obvious he doesnt care what it sells for as he doesnt want to pay anymore and you cant afford it on your own.

Ask yourself this: is the amount you will lose due to the repairs less than the amount you will lose dragging it out/paying lawyers to fight it. If its less then tell him youre calling a realtor and putting it on the market.

Sitting in something you cant afford is useless especially when you just keep losing more and more money. Sell the thing and get on with your life.
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Old 08-19-2015, 04:34 PM
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Quote:
Originally Posted by standing on the sidelines View Post
first off why don't you try and buy him out?? He has been paying half the mortgage since 2010 and you are the one living there so I can totally understand him wanting to sever ties. Either buy him out or sell the house so you can both move on.

I am not sure if can sell his half of the home without your consent. It would suck if he did as a "company" wouldn't be emotional about it as he may have been. If he can, I am not sure if the "company" can rent out part of it to a stranger or force certain conditions on you.

Your best bet is to deal with the house one way or another. Talk to a real estate lawyer or maybe even an agent to find out if he can do what he wants to do.

looks like blink has your answer.
I can't see a "company" being willing to buy half a house. There really is no such thing as half a house - what parts are they buying -who gets the kitchen? the bathroom? is the left or the right side of the hallway to the bedrooms theirs or yours? (War of the Roses, anyone?)

I suspect that "half" the house can also not be rented out. Technically, neither spouse owns half the house, they own half the value / equity of the house and that is what would get divided, not the house itself.

Last edited by blinkandimgone; 08-19-2015 at 04:40 PM.
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Old 08-19-2015, 04:57 PM
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I agree with previous posters - he is blowing smoke.

However, he can get a court order to force sale of home (and likely recover his costs of obtaining that order).

A real estate agent once told me that she discourages people from fixing up their homes prior to selling because they fall in love with their homes again and then usually expect way too much money.

If you want out or can't afford the home you'd be best to list as-is. Anything beyond the 4 years your ex was/is obligated to pay the mortgage is likely over and you would be responsible for 50% of the mortgage payment. I'm sure your ex will have this amount deducted from your portion. In other words, you aren't getting further ahead by stalling the inevitable.
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Old 08-19-2015, 07:26 PM
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Quote:
Originally Posted by blinkandimgone View Post

And no, I don't believe he can do that anymore than he can sell "his half" to any other individual.
They were common law = this is not a matrimonial home. Different rules, it's an asset to be dealt with. And one would need to have more information as to the manner in which they held title to this particular asset - i.e. joint tenancy, or tenants in common, before the OP could receive a relatively reliable answer.

I frequently transfer interests in commercial real estate, between/among existing/new investors.

If they owned the property originally as joint tenants - he could sever the joint tenancy (easily), and then sell his interest as a tenant in common without consent. In fact, one of them should sever the joint tenancy and frankly OP, you need to do so asap if title is held jointly for your own estate planning purposes.

Of course - whom does he sell too? I know of no company/investor who would purchase a 1/2 interest in a residential home as an investment ---

I think I've mentioned this before in the past and will reiterate -- as soon as you separate, sever your joint tenancy, even to your mat home - and amend your will. Claims can always be made against the mat home, but you should be focusing on preserving your interest
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