Joint tenants in matrimonial home

[dadtotheend]

On title of the matrimonial home, we are joint tenants. Have been in court since beginning of 2007 and have our settlement conference soon - bitter custody battle which strongly favours me.

She owes her lawyers (past and present) $40K, and has stated that she will go to trial notwithstanding her weak case.

Can a claim for her lawyer's unpaid legal fees be extended to my interest in the home or is the claim limited to her interest? If I am exposed, would a change in title to tenants in common or some other switch protect me?

Thanks in advance.

[logicalvelocity]

I'm surprised a lawyer would allow amounts to escalate to 40K without being paid. If a charge or lien is out on the home they have to notify you.

[dadtotheend]

Thanks LV.

To be sure, there is $25K with the first lawyer (who was dismissed for "not doing his job" - yeah right - now I know who was fired) and close to $15 with the second.

There is no charge/lein against the home - yet. I checked. There is a judgement against ex filed by the first lawyer. Ex told me about the second lawyer's amount owing, but she is not a "reliable historian".

Given that ex was expecting $100K equalization, then both lawyers must have had her sign a direction as to the proceeds of an equalization (I will be buying out her interest in the home, as opposed to selling it), which helps to explain why the balance was allowed to climb.

My financial statement disclosure was timely and accurate, and so the first lawyer must have seen the light and started wanting payments.

Anyway, I think she will only get a $50K equalization at the most. Both lawyers need to get paid. Can they lein the home over and above her interest (i.e. my interest in the home is exposed) and efffectively make me pay her legal fees? This really scares me if the matter goes to trial.

[dadtotheend]

After further research I believe that the Family Law Act prevents a lien to be registered aganst a matrimonial home which is a principal residence without the consent of both spouses. I hope that includes spouses that are separated.

That would prevent the exposure of my interest in the home.

Can anyone confirm and/or comment.

[sufferer]

Hi Dadtotheend

I am not sure if it will help you but I put my house on lien with the legalaid.We were both on the deed and I didn't need his consent for that.Although it was clearly mentioned that the amount will be taken out from my share only .If the owing amount exceeded then I will make a monthly plan.

[dadtotheend]

Wow, that was very timely information indeed as I was just pouring over s. 21 of the FLA and noted the exception for Legal Aid. Just as I going over s. 18 of the Legal Aid Act hoping that the lien was only against her share, your reply came in.

Thanks a lot!