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My husband has asked for a divorce which came as a shock to me. We have a prenup which is very clear, but I need to get him out of the house as soon as possible bc I am having major surgery in a few weeks and I am feeling very vulnerable. He has found a place to live, but is in need of some funds to move out. His bank suggested that I co-sign for him which I am not prepared to do - but I’m wondering if there is a way that I can take his name off the mortgage of our matrimonial home so that he can leave. Is there a way that I can have a document created that we both can sign to say that asset has been divided as per our prenup which we would then take forward into our separation/divorce.
Reena Herian - Accord Family Law (Edmonton) Society President
First, you should talk to your mortgage company about their requirements for removing him from the mortgage.
011 months ago
Helen Banks - Banks Family Law (Calgary) Verified Lawyer
Hi Lynne, I recommend that you speak to a lawyer to confirm that the prenuptial agreement is legally binding and, if it is, about a separation agreement that mirrors the terms of your prenuptial agreement.
I would not recommend co-signing a loan for your husband as you are in the process of dividing your assets and debts and that would make you legally responsible for that debt in the event that he defaults.
011 months ago
Kimberley Ketsa - Long Family Law Group LLP (Edmonton) Verified Lawyer
It is never good to rush these things, and if your spouse is pressuring you to make decisions quickly or to sign any paperwork without a lawyer that is a red flag. Unfortunately there will be a bit of limbo where your lives are separate but the financials remain intertwined. You both need assistance from professionals, such as a mediator, lawyers and mortgage broker. I suggest you start the process by agreeing to a dispute resolution process, such as Mediation or Collaborative Family Law. He just simply might have to wait until after you are recovered from your surgery before taking action.
011 months ago
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