Matimonal home my ex remortgage witout consent

[arabian]

Am I to understand that you knowingly agreed to a fraudulent mortgage? If that's the case then you really do have a problem don't you?

I may not be following what you are saying correctly.

[sixfeetunder]

No we did the seperation letter but end up back together about a month after she got mortagae ! Does look bad as you look at it but we did evedything leagally with lawyer and goverment. We gave it a second chance for the 4kids but in the long run it failed , everything was done properly with revenue canada , just that I never thought twice about it as she handled the finances

[arabian]

One good thing is that her mother got repaid the money she foolishly lent the two of you. Better the mother-in-law than the lawyers.

I am hearing a sort of "he said she said" kind of situation here. You obviously don't want to take any responsibility for your financial failures and instead want to blame it on your wife.

It sounds like the two of you weren't ready to buy a house anyhow as you couldn't even get the down payment together in the first place. Time to grow up. Get used to the idea of renting as with 4 kids you will likely never have money to put down on a house again. I would sell the house and seriously get your finances in order. Quit blaming each other and recognize it is what it is - poor financial management on both of your parts.

[standing on the sidelines]

well she paid her mother 10,000 and there was no further debt , and once we separated for the second time she pulled out 8000 rrsp to pay off central air and furnace .

well her mother deserves her money back and that was half your debt and the paying off of the central air and furnace was half your debt also.

were there any credit cards etc that were paid off?? Looks like she did what she did to pay off debts of the marriage which would have been taken care of with the equalization. Its not like she took it just to blow it on herself.

Yes she was suppose to pay her mother back when the house is sold and IMHO technically the house is being sold if she buys you out, it is a change in ownership. Dont you think you should be responsible also for that debt?? It is tied with the house.

[Moolight]

Basically the mortgage was in her sole name so yes she was entitle, The Bank only care about the name on the mortgage, therefore she was entitle to remortgage without your consent.

You shouldn't have been paying for a mortgage where your name was not on it in the first place.

As for the equity it is from the date of separation, so it does not matter if she increase the mortgage but It makes it more difficult to sort it out.

[ddol1]

what you describe falls under the issue of "dissipation of marital assets" - you have very specific details to your circumstance and the sucess or failure can depend on the use, misuse, even the ommision of one word in your claim. All the better for you if you can find a similar ruling in your favour to use as a model for your claim. Dissipation is all about the removal of funds from your total assets. That should those funds be there and be required to make an equalization payment but due to the dissipation of that party the equalization payment can't be made is when it becomes a problem for you.

You can't get money from someone who doesn't have it anymore. So you may have some recourse and maybe not. The net property of both of you will have already been established on the date of seperation so what she did after that date will not affect that number. But if it is easy to show that dissipation did take place then this is the biggest battle. Do some reading and this will be a little more clear to you.

[bern]

Judge ordered I pay 1,500$ to X towards his lawyer fees. He has paid a total of 2,000$ in the past 2 yrs 6 months child support...X Was orders to pay 1,398$ dropped to 900$ now 778$ but still payments... Children reside with me full time thire chice, i have the kids in councelling to rebuild thire relationship with father... How on earth do I support two kids on my own and pay his lawyer fees? Please someone help me to understand I can't even retain a lawyer for myself??

[HammerDad]

To be honest, it is likely a wash.

What one could essentially view this as is using marital assets to settle marital debts, which you both would be on the hook for anyway.

No, she should not have been given the mortgage. She would have had to sign a statement or something stating that she either a) wasn't married or b) the house isn't matrimonial property. Both of which are untrue.

But whether or not this goes very far is the question. If anything it is a good example of her not playing by the rules. If you can get a copy of the documentation from the bank, put it together with your other evidence.

It don't think it impacted your equity in the matrimonial property though.

[OrleansLawyer]

You will (most likely) not need to worry about it. And here is why:

In the division of the "Net Family Property" - in other words, how much one side needs to pay the other - the calculations take your net gain in assets at separation, minus your net worth at marriage. So, for example:

You marry with 5,000 in assets and 1,000 in debt. Your net worth is 4,000.
You separate with 150,000 in assets and 80,000 in debt. Your net worth is 70,000.
Therefore, your net family property would be (70,000 - 4,000) = 66,000;

How does that apply to your situation?

Your ex has increased her debt AFTER separation, so it does not affect how much she has to pay you (or you pay her). If she used the money to pay off debts then she has simply changed the name of the debt; whether she owes her mother 5,000 or owes the bank 5,000 the situation for you doesn't change.

Where you DO need to worry is if she has given the money away instead of paying debts, and if she owes you an equalization payment, and if her remaining assets are no longer able to cover her debt to you. There are avenues available to you then, but it gets messier.