What Happens to the Mortgage When Couples Split?

Breakups are hard. But you know what’s harder? Being stuck on a mortgage with someone who’s ghosting you — financially.

It’s more common than you’d think: couples break up, and one person moves out, leaving the other to live in the house. But both names are still on the mortgage and title. Fast-forward a few months, and the mortgage payments start slipping. Now what?

Here’s what Alberta homeowners need to know about the legal chaos that can follow when your ex stops paying their share — and your name’s still on the dotted line.

You’re on the Hook. Period.

If you’re still on the mortgage, you’re still liable. Even if you’re no longer living in the home or benefitting from it, your lender doesn’t care. As far as the bank’s concerned, you’re both equally responsible. If payments stop, your credit takes the hit — not just your ex’s.

You Can’t Just “Take Your Name Off”

Spoiler alert: you can’t just call the bank and ask them to take your name off the mortgage. The only way off that train is if your ex qualifies to refinance the mortgage on their own — or if you sell the home and pay it off completely. If your ex can’t qualify? You’re stuck in financial limbo.

Legal Options: From Agreements to Court Orders

If your ex refuses to refinance, sell, or even negotiate, it’s time to bring in legal help. Under Alberta’s Family Property Act, a judge can order the sale of the home — or force the other party to buy you out.

Another option? A minutes of settlement agreement where both parties outline how and when the mortgage will be dealt with — ideally before payments start bouncing.

What If You’re Paying and Not Living There?

Oof. That’s a double burn. If you’re covering the mortgage and don’t have access to the property, you may have grounds to claim occupational rent — meaning your ex could owe you compensation for living in the property rent-free while you’re still paying it down.

Protect Yourself Now — Not Later

Whether you’re in a relationship or in the process of exiting one, don’t assume a verbal agreement is enough when it comes to shared property. If your name is on the title, get your legal expectations in writing. Whether it’s through a cohabitation agreement, separation agreement, or minutes of settlement, legal clarity now prevents nasty surprises later.

Don’t Wait Until the Bank Comes Calling

If you’re in a mortgage mess with your ex, it’s not just a financial problem — it’s a legal one. The team at Chahal Law can help you protect your property rights and get out of shared debt responsibly. Call us at (780) 461-0989 to book a consultation and take the first step toward financial clarity.