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  • Name on property title

    How do I remove ex's name from the property title when there is no separation agreement?

  • #2
    Can you do that if they are still on the mortgage? I don't know if this pertains to you but I'd sure like to know. lol

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    • #3
      In my province (AB) he/she would have to transfer the property to you and release dower rights since spouses have a life interest in matrimonial home in this province.

      Or a judge would make an Order transferring to you as part of matrimonial property equalization.

      Or a Settlement Agreement.

      Or death of the other spouse and rollover to you I guess.

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      • #4
        Whoops....if you are already divorced, then your divorce judgment (which is an Order) might have settled the matrimonial property as well as the divorce and spousal and child support (if any) and it should be there.

        If you didn't settle property, get him/her to transfer the property to you with a simple Land Titles form, assuming they agree to.

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        • #5
          Not clear, does the ex agree to this? If they agree then you deal with the land registry (or a paralegal specializing in it). If they don't agree then you can't just arbitrarily take them off.

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          • #6
            Originally posted by beebie View Post
            In my province (AB) he/she would have to transfer the property to you and release dower rights since spouses have a life interest in matrimonial home in this province.
            Both parties have Dower rights? I understood it to be just the wife.

            Originally posted by Mess View Post
            Not clear, does the ex agree to this? If they agree then you deal with the land registry (or a paralegal specializing in it). If they don't agree then you can't just arbitrarily take them off.
            No separation agreement, no divorce, I don’t know if he will agree at this time, my guess is he won’t, although it has been agreed to at this point that I will retain the mat. home. I am just really frustrated, it is approaching 3 years since separation and no agreement.

            He bought a house a few months after separation, I am living in the matrimonial home, paying all bills, all household bills are in my name alone, (no mortgage). I need to start looking after maintenance and repairs that were not done prior to separation and now 3 years later really need to be done and I am having some resistance from the bank securing a line of credit because ex is still on the title to the house.

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