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I'm being threatened with lawyers and court

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  • I'm being threatened with lawyers and court

    Hi Everyone,

    I would appreciate any advice anyone has to give me.

    I reside in Ontario firstly. My ex fiance and I lived together in the house he purchased from June 18th 2010, till I moved out on March 25th, 2011. In that time I have made payements (and have proof of all of these payments) towards hydro, gas, water/sewer and I bought all of the groceries while he paid the $600/month mortgage which includes property taxes.
    I left him because he cheated on me. Before I left him, we had purchased another house together, so the mortgage and the deed is in both of our names.

    What we have decided to do is to try and transfer the mortgage and deed from my name to someone elses, therefore relinqueshing my rights to the house. With that comes some minimal costs (probably under $3,000). He feels as though I should pay the costs to get my name off the mortgage. I feel as though he is the one that needs and wants me to get off the mortgage so he should pay for it.

    I feel as though it is beneficial to him to get my off the mortgage sooner than later because while I am still on title, I'm reaping the benefits of equity and at any given time I can choose to sell the home, and render him homeless.

    He is now trying to scare me with court and lawyers. He doesn't seem to think I will have any rights to the equity in the new house because I have not made any financial contributions to it. I told him by law it doesnt matter. Half belongs to me as my name is on title.

    I just want to verify that everything I'm thinking is correct. Also, I have told him to go ahead and try and sue me. The more he prolongs everything, the more equity I gain. I think I'm being fair by allowing him to remove me from the mortgage. I want to get all angles of anyting he might be able to do.

    Also if he sues me, I will counter sue for all the money I put into the previous house we lived in (that is now being rented out). I have all details and transactions and I can give solid numbers.

    I'm only 21, I made a bad choice by staying with him and all I want is for this to be over. If someone has any advice or thoughts, I would appreciate the replies.

    Thank you all!

  • #2
    First, you will most likely NOT be entitled to any growth in equity of the properties past the date of separation where you stopped contributing to their mortgages. The way the law works is, when you establish a separation date, any changes to finance and equity past that date does not form matrimonial property, unless for some reason the courts determine that not including the change would create an unjust transfer of wealth.

    The new house will most likely have little to no equity in it. The amount of equity in it right now is likely = to the amount of the down payment, which you would be entitled to 1/2 of. I cannot see the house increasing in value much if you just recently purchased it. If you never contributed to the mortgage and left shortly after purchasing the house, your entitlement is likely equal only to the amount of the downpayment.

    As for the costs of refinancing, they should probably be split 50/50 as it is in both your interests to separate finances and move forward. I would think that would be what a court would order.


    • #3
      umm, you're not even common law. This has nothing to do with this website.

      His house is his. The house you bought together is both of yours. If you did not pay anything toward the joint house you should not expect equity, and he should pay to get your name off of it - otherwise you should split the house equity and split costs associated to get it just in his name.

      Forget the suing and lawyer BS (both of you), and just treat it like a business deal, and work out something that is based on what you each paid (for the shared house), and what risks you assumed.

      Forget about what you payed in utilities etc in the home you lived it - consider it in lieu of rent, just deal with the house you bought together.

      Good thing you didn't get married!


      • #4
        Originally posted by billm View Post
        umm, you're not even common law. This has nothing to do with this website.
        I didn't even notice that.

        You will get nothing from his house. The monies you paid for the living will be deemed rent, and therefore, not entitled to reimbursement. You cannot claim costs of groceries as you had to eat also.

        The second house you guys will have to figure out what to do. Unless you have a lot of money tied up in the down payment, there may be little for you to fight over. If the house got sold, you'd both get whats left of your downpayment AFTER real estate and legal fees are taken out of the equity. So, again, depending on the amount of the down payment, you could be looking at pennies on the dollar returned.


        • #5
          Indeed. Do whatever you have to do to get your name taken off the joint home. If you can split the cost with him, then great. If you can't, then you should probably just pony it up and move on.

          For him to "buy you out" of the mortgage in what usually happens in separations, he would have to return half of the equity from before you split. But honestly, if you're only talking a few thousand dollars this is probably not worth going the legal route.

          Consider it an expensive lesson, but at least you are walking away before you got married. You can hopefully make back that money in a few months... if it came to divorce after years your life would be affected forever.

          As an aside, you may want to consider mediation for the dispute.


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