During the early days of the mortgage business, brokers would require a lot of paperwork…
Now you can listen to our blog post, “What to do with your mortgage if your spouse is deported and cannot return to Canada” while on the go.
What would happen if you own a house with your spouse who got deported? It might sound like a joke, but it’s not. The truth is that there are many homeowners who have undocumented immigrants working for them on their properties.
Unfortunately, people don’t realize the implications of this situation. Let’s explore this issue together by taking a look at what happens to the mortgage when one partner gets deported and cannot return to Canada legally.
The answer can vary depending on the situation. For instance, whose name is the house in? Is it on yours or both of yours? Also, if the house is free and clear (mortgage paid off) or the house payments are still being made. If the house is in your name, and you are making payments, then these should continue no matter who has been deported. However, if the house is in the deportee’s name and they were paying the mortgage, the house payments will stop and the house will be repossessed by the owner who has the deed of the home.
What would happen if you own a house with a spouse who got deported?
First, we need to understand what “own” means here as there can be several answers to this question depending on the meaning of own. It also depends on the type of title the property holds in as it has been recorded. For example, the owner can mean a community property, a joint tenancy, or a joint tenant with the right of survivorship. It also depends on whether the property has any liens on it. Or if the person is paying off a deed of trust.
The simple answer is, that if you own the house, you still owe payments to whoever financed the property until it is paid in full. You and your spouse owe them full payments no matter if someone of the deed with you has been deported. If payments are not made as agreed, they can foreclose on you pursuant to the contact.
Thus, if you can make the payments till the deportation issue is resolved you are fine. However, if the deportation issue is not to be solved, look for other options such as subletting the property. Or sell the property if the deported person agrees.
What happens to a person’s assets or stuff when they are deported?
The assets and stuff cannot be confiscated unless and until the owner was not involved in criminal activities and property made with illegal money. Also, if the taxes are paid and the person is under no criminal charge, he can get his assets and stuff back. The person will need someone who will handle all the affairs on his behalf like selling properties, cars and other assets.
It is worth mentioning here that being undocumented is not a crime. It is just a civil offence where confiscation of assets is out of the question. Confiscating it would be equal to having your car taken away from you due to a parking ticket.
Can a deported person come back legally by marrying a citizen in Canada?
You are not automatically eligible to move to Canada, either temporarily or permanently, just because you marry a Canadian.
My acquaintance had a wonderful encounter with a lady from the Philippines. After getting married, it took her almost three years to obtain permanent residency. She had no problems at all that would have suggested that she was a bad immigrant. It merely required some time, documentation, and research. She had to meet the requirements before her Canadian spouse did.
Nevertheless, it was presumably for a good reason if you were expelled from Canada. You in some manner violated the laws. The default stance taken by the Canadian immigration authorities will be that your marriage is an additional attempt to break the law and enter Canada unlawfully. So, consider this before you even think of coming back to Canada.
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