Breaking up without name on mortgage

[hockey77]

Well here we go, buddy met this lady then girlfriend moving with him, few months later both agreed that she should take over the mortgage , I believe she has better credit and found better interest rate, 3 1/2 years later she’s giving him 1 month to move out, he has put lots of time and money building pens coop house/cistern/septic maintenance, he pretty handy, she’s willing to buy what she would like to keep, ie snowblower, riding mover and so on, I’m assuming without telling or asking me what are is right, his name is not on the mortgage,

[Lunch_box]

Still a common law relationship. If she wants him out and she wants to keep the house then she needs to buy him out of the house. Courts/lawyers will decide all assets to each person, figure out the value of the house and come up with a number from there for buy out for the person wanting to keep the house.

[roper1]

If there's enough equity(cash) to make it worth the fight, he'll need a lawyer. 3 1/2 years together pretty easy to prove.

[hockey77]

Apparently there’s only about a year left on the mortgage, he’s my next door neighbour, I’m getting free eggs every week, just trying to help him out, he always complain about all the work they have to do for all the the farm animals she s attached too, 15 sheep, she’s having a hard time getting rid of the 6 lambs from last year’s, 5 new born last month, too many roosters, most of his money has been spent for the acreage, I just find out that she has moved out temporarily a couple of weeks ago , due to depression and anxiety, she comes home while he’s at work, as far as I know there was no violence whatsoever, no yelling at all, he doesn’t want to get into the lawyer thing, scare that he will loose lots of money

[Drewski Canuck]

How about this? Tell Buddy to call a Lawyer.

She CANNOT have her name on the Mortgage unless she has the TITLE to the property.

But if he transferred the property at Land Titles to her name, how did he do that and what was the consideration?

When I did Family law there was two time in the week I hated. Monday Morning when everyone would call to give a play by play of the weekend access problems. Then Friday Afternoon when the good intentioned, well meaning friend, neighbour, Mother, Mother in Law, Sister would call with a "question". When they did not like the answer, on Monday Morning or Friday afternoon they would explain that "my Girlfriend's Brother's Buddy's Lawyer said the opposite" according to the post on Twitter.

Then I would tell them to bring in $2,000 and I would provide an Opinion because the legal gossip was wrong. The busy body would get offended and hang up.

Anyways, sorry for poking a mile wide hole in this very fishy story that is missing important details.

Instead, lets gossip about the Oilers. Everyone can have an Opinion that is wrong, right, or in between.

Drewski

[fishnguy]

Originally Posted by hockey77

Well here we go, buddy met this lady then girlfriend moving with him, few months later both agreed that she should take over the mortgage , I believe she has better credit and found better interest rate, 3 1/2 years later she’s giving him 1 month to move out, he has put lots of time and money building pens coop house/cistern/septic maintenance, he pretty handy, she’s willing to buy what she would like to keep, ie snowblower, riding mover and so on, I’m assuming without telling or asking me what are is right, his name is not on the mortgage,

Whose names are on the title?

[Bushrat]

Originally Posted by Drewski Canuck

How about this? Tell Buddy to call a Lawyer.

She CANNOT have her name on the Mortgage unless she has the TITLE to the property.

But if he transferred the property at Land Titles to her name, how did he do that and what was the consideration?

When I did Family law there was two time in the week I hated. Monday Morning when everyone would call to give a play by play of the weekend access problems. Then Friday Afternoon when the good intentioned, well meaning friend, neighbour, Mother, Mother in Law, Sister would call with a "question". When they did not like the answer, on Monday Morning or Friday afternoon they would explain that "my Girlfriend's Brother's Buddy's Lawyer said the opposite" according to the post on Twitter.

Then I would tell them to bring in $2,000 and I would provide an Opinion because the legal gossip was wrong. The busy body would get offended and hang up.

Anyways, sorry for poking a mile wide hole in this very fishy story that is missing important details.

Instead, lets gossip about the Oilers. Everyone can have an Opinion that is wrong, right, or in between.

Drewski

Its Monday morning. Instead of phoning you, I'll ask your legal opinion here.... Can we sue the Oilers if they lose? If not can we sue the Panthers for beating us. That's some sort of abuse....no?

[Grizzly Adams1]

Originally Posted by Bushrat

Its Monday morning. Instead of phoning you, I'll ask your legal opinion here.... Can we sue the Oilers if they lose? If not can we sue the Panthers for beating us. That's some sort of abuse....no?

At this point in time, the Oilers are invoking the Faint Hope clause, which will ultimately fail.

[Trochu]

Originally Posted by Grizzly Adams1

At this point in time, the Oilers are invoking the Faint Hope clause, which will ultimately fail.

Regardless of the outcome, I suspect there will be an appeal, with the entire process starting up again in the fall, new jury, whole nine yards.

[Drewski Canuck]

Originally Posted by Bushrat

Its Monday morning. Instead of phoning you, I'll ask your legal opinion here.... Can we sue the Oilers if they lose? If not can we sue the Panthers for beating us. That's some sort of abuse....no?

I am not retained and can only give information, not Advice. A Legal Opinion requires a Retainer, at least from me.

As for a hockey opinion, of course, but that would cost you lunch.

Drewski

[Big Grey Wolf]

One can assume if his name is not on mortgage, then his name is not on title as bank would require both signatures.

[Drewski Canuck]

Originally Posted by Big Grey Wolf

One can assume if his name is not on mortgage, then his name is not on title as bank would require both signatures.

Wolf,

First rule of the Law Biz, is do not believe anything you have not verified yourself, and then, check again.

Assumptions presume people think the way you do. Most people scare me on what they believe.

Drewski

[NCC]

I'll make an assumption. The lady friend is going to end up with the acreage and will move some new stud in to do all of the work and buddy will end up living in a cost subsidized senior's complex.