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Feb 04

ms: my ex husband, common law and i bought a home. he was removed …

1328398896 53 ms: my ex husband, common law and i bought a home.  he was removed ...

Let’s deal with the home first. If you and your ex jointly signed on the mortgage you are considered to be jointly and severally liable for that debt. What this means is that you are both responsible that the debt gets paid in full.

The mistake most people make is they assume that means the debt is divided in 2 parts, you take one and your ex takes the other. But this isn’t the case. You are both responsible that the debt is paid in full. So if your ex doesn’t make payments for any reason (i.e. death, bankruptcy, they are unable to find him etc.) then the lender will look at you for payment of the debt in full. The opposite would also hold true (i.e. if the lender was unable to collect from you for any reason they would be able to collect the full balance from your ex).

This same principle would likely apply to the insurance company and the truck. If you were both on the policy then you are both jointly and severally liable for the outstanding amount.

Therefore, in a consumer proposal you would need to make sure you listed both the shortfall on the mortgage and the amount owing to the insurance company.

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