QUESTION:
Hi, I was a co-signer for a home which has since been paid for (ie. there is no longer a mortgage on the home). In addition, I have proof that I was the primary payor of the mortgage payment for approx. 4 - 5 years (ie. I still have cheque receipts indicating monthly payments of approx. $600/month).
If the house is sold, am I entitled to any of the money received by the current owners?
Many thanks for your time.
Have a good day!
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david ingram replies:
This is impossible to tell from your question.
It depends upon the agreement you had with the owner of the property when you co-signed the mortgage.
I expect that you only co-signed with no thought of sharing in the profits.
Anyone who co-signs a loan agreement should have a side agreement that the "they" (the co-signer) gets the car, gets the property, shares in the sale proceeds, or at the very least, gets their money back if they are called upon to make payments on the loan they have co-signed for.
On the other hand, if it comes to co-signing the mortgage for a propeerty that you lived in for a while, the person might say that you were only paying rent and have no right to anything. If they had filed a rental statement showing your payments with their tax return, it would strengthen their argument.
And then, there is the constructive trust principal that says that if you acted like an owner of the property and did things that an owner would do, you can be ruled an owner and are entitled to a share of the proveeds on a proportional basis.
Read about a Constructive Trust in Nova Scotia at:
http://www.blupete.com/Law/Commentaries/U/UnjustEnrich.htm
And a constructive Trust in a common-law relationship in Ontario at:
http://www.common-law-separation-canada.com/remedies.htm
And one in Alberta where the wife won without making any actaul payments at:
http://www.lexum.umontreal.ca/csc-scc/en/pub/1986/vol2/html/1986scr2_0038.html
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