Can I force the sale of our house?

This is a discussion on Can I force the sale of our house? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Canada. I am the primary mortgage holder on a property that I own with my ex. He has been responsible ...

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Old Aug 24th, 2009, 08:29 PM   #1
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Default Can I force the sale of our house?

Canada. I am the primary mortgage holder on a property that I own with my ex. He has been responsible for all payments for the past 2 years as he has been living there on his own, since we separated. I want to have my name removed from the mortgage so I can purchase another home of my own. If I have problems with the mortgage lender refinancing in his name only due to his credit, what are my rights? Can I force a sale?
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Old Aug 25th, 2009, 10:37 AM   #2
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Default Re: Can I force the sale of our house?

If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be
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Old Aug 25th, 2009, 12:29 PM   #3
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Default Re: Can I force the sale of our house?

The only way to have your name removed from the mortgage would be to sell your interest to him, and pay off the loan. You cannot simply remove your name from the mortgage. It doesn't work that way. You have to satisfy the debt before your name can be removed.
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