Breach of contract- next step?

[Aquarius77]

Hi, I'm new to this forum and hoping someone might have some advice for me.

My ex and I signed a separation agreement in Aug.2004. He agreed to pay certain joint debts and since has not. I paid off 1 debt, am currently paying off another and just found out that CMHC wants $2300 because of a loss when the mortgage company had to sell the house because my ex defaulted on the payments.

My question is, is small claims court my best route? The debt was clearly covered in the agreement and the debt to CMHC is related to the fact my husband was to keep the house. The house was never transferred out of my name before he defaulted on the payments. Also, do I have to wait to sue until I pay off the debts? Or can I sue just knowing that he won't pay?

Thanks!

[logicalvelocity]

Aquarius77,

welcome to the forum.

If it is a valid separation agreement, Bring forth an application with the family court and subsequently file your separation agreement with same. Then bring force a motion to enforce the terms of the agreement.

Technically, you are on the hook for any community debt such as CMHC penalty for default etc. Your name should of been cleared from the tile of the home, and the individual should of arranged an independent mortgage.

With the assitance of the Family court, they could endorse the separation agreement and order your ex to comply with the separation agreement.

I believe small claims court at this point in time is the proper venue for you as a separation agreement is covered by the Family law Act and as such, Family Court would be the better forum.

lv