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About Susan Gozali
Expertise
I can help you in questions regarding mortgage/financing in Canada. I'a mortgage expert, having access to over 90 lenders, including banks, credit unions, trust companies, and even private lenders. I handle both residential and commercial properties. Please do not hesitate to ask me if you have any questions regarding those matters.

Experience
I have access to the most creative alternative lending products out there, meaning unlike your bankers, I deal with clients with less than perfect credit rating. In addition, I also deal with self-employed borrowes and foreign investors. My latest project is to help renters achieving their dreams of becoming homeowners.

Education/Credentials
Licensed Mortgage Broker of BC

 
   

You are here:  Experts > Real Estate > Real Estate by Location > Canadian Real Estate > joint property ownership

Canadian Real Estate - joint property ownership


Expert: Susan Gozali - 3/7/2008

Question
Hi,
I purchased a home with a friend of the family about a year ago. Are plan was to sell in 1-2 years. Since the purchase of the home we have had a personal falling out. However I have still been paying my share of the mortgage, and bills. We were both living in the house and since my partner has seemed to move out the things from the house belonging to him have slowly been moved out. We just had a mortgage payment due and my partner failed to pay his half and I was forced to come up with both our share he will not answer any of my calls or emails. I am trying to be civil about this but he will not communicate to me about anything.....the next mortgage payment is coming due and still I haven't heard anything....Is there anything I can do to force him to pay his share or to force the sale of the house so we can both just walk away from this property.
Thank you,
Miranda

Answer
Hi Miranda,

I'm sorry to hear about your situation. However, I'm afraid that court order may be required at this stage.

You can't sell the house without his consent. You need both signatures. Any Realtor is supposed to do a title search upon listing the property.

I know of more than one case where one person has signed a listing and also the sale/purchase contract, so the property was supposedly "sold". However when this gets to the lawyers for title transfer, everything goes off the rails. Neither the listing contract nor purchase contract are legally binding.

Have you tried to talk to your partner to agree to the title transfer, and guarantee him that he would get his share of proceeds? Are you in a place where you can buy out the house?

Where are you located? Have you talked to your lawyer about it?

Regards,
Susan Gozali

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