name on house but does not own it

June 8th, 2011 by Questions

My ex and I have been apart for 9 years and the house is mine. His name remained on the mortgage only because I did not qualify on my own. He is now looking at a possible bankruptcy. Will this affect me? If so, how. If I have his name removed immediately, will it still affect me or is there a time period involved?

Posted from: Ontario


One Response to “name on house but does not own it”

, A licensed trustee said:

If your ex files then you will likely have to “prove” to their trustee that the house was supposed to have been transferred into your name 9 years ago. You’d do that by showing the trustee a Court Order, or a bona fide separation agreement. If you can’t prove that your ex signed the house over to you then you may need to speak to a lawyer to sort this out – in fact, you should probably contact one as sure as you are certain that you ex has filed.

If you simply transfer title to the hosue now, and you don’t have the legal documents to back it up then the trustee may apply to the Court to “take it back”, which will just cost you even more.

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