Legal Question in Credit and Debt Law in Canada

How To Lien Against A Housse

I live in a house which has seperate units with a relative. The morgage and house are in her name only. I have been paying her cash in the amount of half the morgage payments. Now there is talk of her selling it and not giving me any of the cash from the sale. Also she remorgaged the house a year ago and the equity is gone. Can I lien the house for the share I have paid her.


Asked on 9/09/08, 7:27 pm

1 Answer from Attorneys
Meldon Ellis Ellis Business Lawyers

Re: How To Lien Against A Housse

In these circumstances you could file a lawsuit claiming that the relative holds a portion of the property "in trust" for you - the claim is known as a common-law constructive trust claim. If you commence this lawsuit you can seek and file a Certificate of Pending Litigation on the property which will hold up the sale until some arrangement is made to deal with your claim.

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Answered on 9/11/08, 1:04 pm


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