Legal Question in Family Law in Canada
Hello my husband & I are separated. I am living with my parents,my husband is in our house as I left under duration as he was drunk and became violent. I have since April living with my parents I am the title on the mortgage. Would my husband if I evicted him,still have responsibility regarding mortgage payments. Thanks
1 Answer from Attorneys
The mortgage payments are a responsibility you both owe to the bank pursuant to the contract between you and the bank. Your status as married, separated or divorced is not material to the obligation to the bank. You can not evict him however; each of you has an equal right to the home. You should contact a lawyer and commence proceedings for child support & custody assuming you ahve children, spousal support if you require it, and a division of assets. Frequently the Court will order a house sold, the mortgage paid off, and the balance divided between the parties. More extensive advice is beyond the scope of LawGuru. Please see a lawyer as soon as possible.
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