Is my uncle/cosigner screwed?

[forced_eg]

About a year ago my uncle made the mistake of cosigning for a young couple that he was extremely tight with. After finding out that his wife cheated on him, the husband got angry and left the house that is under his and my uncles name. The wife will not leave the house because she has two kids and nowhere to go. *apparantly theres some sort of law which gives her 6 months* The husband refuses to make a payment where he cant live.

My uncle approached the husband and told him he (uncle) will take over the house, rent it out and make the payments, just get your name off the land title. The husband wants $30000 (that honestly isnt available) before he does that!! Is there a way that my uncle can A. Remove himself as the cosigner from the mortgage or B. Remove the husband from the mortgage since he will not make a payment

My uncle asked for legal advice and the lawyer recommended he transfer every asset in his wife's name because bankruptcy is unavoidable. Is this correct or is the lawyer a dumb bastard?

btw: 1. this is all very new, the first payment hasnt been missed yet, the husband approached my uncle and told him he wont make the payment 2. The house is a 365000 overpriced house in martindale *ha* and was purchased about a year ago. 3. Bankruptcy is the last thing he(uncle) wants to do, he has a kid going to post secondary this year, will need loans and bankruptcy will put his credit in the crapper

edit: Thanks for your help, Is there any good legal counsil on the site that can help out, please pm your contact info

[Dilmah]

Even if the wife's name is not on the title, being the wife automatically makes her the owner. The "Dower Act" in Alberta covers that point. I know that doesn't answer your question but it is some info that may help your uncle.

[Melinda]

Why is your uncle not talking to the wife? Or helping her find somewhere else to live so the husband can get what he wants long enough to put the house on the market and try to get things taken care of? If she can find somewhere else to live, then it sounds like all the problems are taken care of.

For the moment, it sounds like your uncle will have to make the monthly payments. Why is the wife not making the payments since she lives there? Or why is the husband not paying for the home where his children are living? Is he that much of a deadbeat that he wants his children to be homeless?

[forced_eg]

The wife wont make payments because she can live there free for 6 months, my husband has begged and pleaded with her to move but she is using the house as a way to piss off the husband (unfortunately not caring about what is going to happen to my uncle) I think the deadbeat husband wants to use this as a way out of everything, it is "in my opinion" a house that isnt worth the money

[Thomas Gabriel]

Originally posted by forced_eg
The wife wont make payments because she can live there free for 6 months, my husband has begged and pleaded with her to move but she is using the house as a way to piss off the husband (unfortunately not caring about what is going to happen to my uncle) I think the deadbeat husband wants to use this as a way out of everything, it is "in my opinion" a house that isnt worth the money

Deadbeat husband? Sounds more like a bitch wife to me.

[jwslam]

Originally posted by Dilmah
Even if the wife's name is not on the title, being the wife automatically makes her the owner. The "Dower Act" in Alberta covers that point. I know that doesn't answer your question but it is some info that may help your uncle.
If he has evidence of adultery, doesn't that null the wife's ownership to anything?

[TomcoPDR]

Originally posted by Thomas Gabriel


Deadbeat husband? Sounds more like a bitch wife to me.

:werd: Or they're both playing your uncle. (as the consigner)... cuz these losers (I use that word based on the event) got nothing to lose, they don't give a fuck about their credit, they don't give a fuck about their lives, they don't give a fuck about your uncle who went to lengths consigning for them. (sorry, I've been in the poor house, me personally not parent's money or anything... guess which strangers were there for me??? ) That's right, answer is exactly how obvious it is, nobody.

Honestly, (I'm really not trying to be mean, but your uncle needs to look after himself first; as per your words he's risking himself into a bankruptancy), but in oil rich Alberta, there are tons of "women's shelters", family distress centers, or just get her to move to Medicine Hat, Fort Mac and trust me, she'll find a way to make money, let's put it that way.

[bignerd]

The only way the bank will let your Uncle off the mortgage is if the couple/wife/or husband qualifies to take over the mortgage on their own... or if the home is sold.

I am not sure that you can transfer assets out of your name to other people right before a bankruptcy, or else everyone would do this, claim bankruptcy and get to keep a lot of their stuff. They usually go through financial records to ensure this did not happen during a bankruptcy.

If the wife is on title you cannot force her to move out, she is part owner and has a legal right to be there, even if she is not paying. And no, I am pretty sure evidence of adultery does not void ownership of anything unless you had a pre-nup in place which outlined something like this. All it really means is that you had a shitty spouse and gives you legal reason for divorce.

Exactly who's name is on the title to this home??

[Cos]

Sounds like this couple knows exactly what they are doing. Going to take 6-12 months to kick them out and in the mean time they make new friends and do it all over again.

Maybe consult a lawyer.

[2Valve0]

The adultery will void anything that the wife is entitled to. Talk to a lawyer about that because she cannot live there for 6 months without a payment. This is just as much your house as there's. Get your uncle to move in and make the place a peice of shit. Don't clean leave plates everywhere, throw a party, honestly pay this stupid bitch back for trying to mess with your uncle.

[TomcoPDR]

Originally posted by Cos
Sounds like this couple knows exactly what they are doing. Going to take 6-12 months to kick them out and in the mean time they make new friends and do it all over again.

Maybe consult a lawyer.

Maybe time for a good old fashion Beyond public recognition of said couple.

[Weapon_R]

lol where do you guys get your info from. Adultery does not mean anything in terms of property division.

[Cos]

Originally posted by Weapon_R
lol where do you guys get your info from. Adultery does not mean anything in terms of property division.

Haven't you seem all the threads that have people getting co hab agreements and pre nips. Maybe everyone assumes their wives would be cool signing one... And that is where the cheating idea comes from.

[CUG]

Originally posted by Cos
Sounds like this couple knows exactly what they are doing. Going to take 6-12 months to kick them out and in the mean time they make new friends and do it all over again.

Maybe consult a lawyer. I thought I was the only one here who saw that exact same thing going on.

How convenient.

Have everyone involved killed; sell the house; profit.

[FiveFreshFish]

Is the house insured for fire loss?

[KRyn]

Originally posted by FiveFreshFish
Is the house insured for fire loss?

Smart man...

[Mys73ri0]

Originally posted by forced_eg
About a year ago my uncle made the mistake of cosigning for a young couple that he was extremely tight with. After finding out that his wife cheated on him, the ....
edit: Thanks for your help, Is there any good legal counsil on the site that can help out, please pm your contact info
is your uncle the guarantor or co-signer? it could make a difference as to how things play out...


Originally posted by Dilmah
Even if the wife's name is not on the title, being the wife automatically makes her the owner. The "Dower Act" in Alberta covers that point. I know that doesn't answer your question but it is some info that may help your uncle.
I believe the Dower Act only applies if its your matrimonial home/the home you live in together. But I could be wrong.


Originally posted by FiveFreshFish
Is the house insured for fire loss?
all homes SHOULD have Fire insurance if they went through a large FI for their mortgage.

[rob the knob]

why not sell house?
house in name of husband and uncle not wife.
if house bought last year market not much changed so if even small loss from commission. better than other options. sell house. repay mortgage. maybe downpayment funds lost to commission or low value from quick sale.




Originally posted by forced_eg
About a year ago my uncle made the mistake of cosigning for a young couple that he was extremely tight with. After finding out that his wife cheated on him, the husband got angry and left the house that is under his and my uncles name. The wife will not leave the house because she has two kids and nowhere to go. *apparantly theres some sort of law which gives her 6 months* The husband refuses to make a payment where he cant live.

My uncle approached the husband and told him he (uncle) will take over the house, rent it out and make the payments, just get your name off the land title. The husband wants $30000 (that honestly isnt available) before he does that!! Is there a way that my uncle can A. Remove himself as the cosigner from the mortgage or B. Remove the husband from the mortgage since he will not make a payment

My uncle asked for legal advice and the lawyer recommended he transfer every asset in his wife's name because bankruptcy is unavoidable. Is this correct or is the lawyer a dumb bastard?

btw: 1. this is all very new, the first payment hasnt been missed yet, the husband approached my uncle and told him he wont make the payment 2. The house is a 365000 overpriced house in martindale *ha* and was purchased about a year ago. 3. Bankruptcy is the last thing he(uncle) wants to do, he has a kid going to post secondary this year, will need loans and bankruptcy will put his credit in the crapper

edit: Thanks for your help, Is there any good legal counsil on the site that can help out, please pm your contact info

[Dilmah]

I like the idea of the uncle moving into th hose, after all if his name is on the title then he has the right to live there, and if the husband is gone then the wife might need some action. Win win, post pics of wife.

[Isaiah]

Originally posted by rob the knob
why not sell house?
house in name of husband and uncle not wife.
if house bought last year market not much changed so if even small loss from commission. better than other options. sell house. repay mortgage. maybe downpayment funds lost to commission or low value from quick sale.

Are you mad at the word "the"?

[Dilmah]

Originally posted by Isaiah

Are you mad at the word "the"?

Lol:rofl:

[forced_eg]

- wife got court order to be allowed to stay in house for 6 months
- lawyer told uncle to cease all contact with husband and wife because if they recorded anything they could use it in court
- my uncle is preparing for foreclosure, i think since hes on the land title then nothing is stopping me from holding daily beyond.ca parties and making that house an unsuitable place to live for the wife and children, and beat the landtitle out of the husband

[FiveFreshFish]

Start setting up grow op equipment and see how long she lasts. ;)

[Dilmah]

Maybe get them all on Beyond and they can fight it out here. We can have a special section for it and when all is said and done we can all vote as to who gets what.

[n1zm0]

Originally posted by Dilmah
Maybe get them all on Beyond and they can fight it out here. We can have a special section for it and when all is said and done we can all vote as to who gets what.

then does beyond get to adopt the 2 kids because both parents are immature and unfit to raise them? we'll rename them rage3 and rage4, respectively.



Originally posted by Isaiah
Are you mad at the word "the"?

i lol'd

[HondaKid]

Tough serious situation, your uncle needs to get a second opinion from another lawyer.

[Spoons]

The answer is right there. He's entitled to the property, he can use it. I would be packing my stuff up right now, moving in, and having a hay day in the house. There is absolutely nothing she can do.

What is she going to do? Call the husband to beat you up? No. Call the cops saying he's trespassing? No, house is half his.

Then go and make the place an absolute shit hole. Call child services, have them take away the children because it is an unfit place to live, and viola, father has child custody too.

To be honest this sounds like a fun situation. I love to go into peoples lives and piss the fuck out of them when they're acting stupid. Construction doesn't start for another month, I've got lots of free time and currently for hire? Heck I'd even do it for free. :rofl:

[qcp1]

rent it out. sure wifey may live there but theres nothing saying that she cant have another roommate... lots of homeless people to rent to for $1.00 a month! im sure that would be incentive to start packing.

[forced_eg]

+1 for spoons idea, we will ask the lawyer on tuesday if thats allowed

[Majestic12]

Originally posted by Dilmah
Even if the wife's name is not on the title, being the wife automatically makes her the owner. The "Dower Act" in Alberta covers that point. I know that doesn't answer your question but it is some info that may help your uncle.

no

[Weapon_R]

To answer the original question: your uncle can apply to the courts to sever the joint tenancy between him and the husband. Once it is converted, where each partner has individual ownership in the home, your uncle can sell of his interest in the home, or where unreasonable, ask the court to force a sale.

Your uncle should seek the advice of a competent property lawyer. Your facts are difficult to follow and missing some important information, and it is better that your uncle seek professional advice than relying on the absolutely ridiculous suggestions in this thread.

[sexualbanana]

Originally posted by Weapon_R
it is better that your uncle seek professional advice than relying on the absolutely ridiculous suggestions in this thread.

SACRILEGE!!

[Spoons]

Originally posted by forced_eg
+1 for spoons idea, we will ask the lawyer on tuesday if thats allowed

Like I said, I've got way too much free time on my hands this month ;)

[forced_eg]

Originally posted by Weapon_R
To answer the original question: your uncle can apply to the courts to sever the joint tenancy between him and the husband. Once it is converted, where each partner has individual ownership in the home, your uncle can sell of his interest in the home, or where unreasonable, ask the court to force a sale.

Your uncle should seek the advice of a competent property lawyer. Your facts are difficult to follow and missing some important information, and it is better that your uncle seek professional advice than relying on the absolutely ridiculous suggestions in this thread.

references would be greatly appreciated. From what I hear then this lawyer is a dumb f... I apologize as i should be more actively involved in this case, but will provide as relevent and accurate info as possible