SUB2 deal involving a divorcing couple

SUB2 deal involving a divorcing couple

Real Estate Broker · Laval, Québec · Member since 2014 · 183 posts · 59 votes

I have just completed my first marketing campaign with wild success as far as receiving phone calls is concerned.

My first potential deal involves receiving a call from a man who is going through a divorce.  Here are the pertinent details

ARV = 300k

Mortgage owed = 235k

Name on title = Just the man

Renovations = Just esthetic

He cannot go onto the property of his home because of the problems with his wife.

The man has told me that he has been advised by his lawyer that he will have to have his wife sign off on any purchase offers on the house.  I assume that this is just so that she will not be able to come after him for anything related to the house during the divorce.  If this is the case then that should mean that he can sign off on the purchase offer and that he and he alone can transfer the title over to me.

If I can legally and ethically get him to sign off on the offer than my plan is the following:

1. Explain to him how the sub 2 would work.

2. Make an offer where I agree to assume payments and he transfers the title of the house to me or a person of my choice

If I cannot legally and ethically get him to sign off on the offer than my plan is the following.

1. Explain to him how the sub 2 would work.

2. Make an offer where I agree to assume payments and he transfers the title of the house to me or a person of my choice

3. Obtain the contact details of his ex-wife and, with his blessing contact her, set up a meeting with her to discuss the purchase of the home, create rapport, explain SUB2 and make my offer where I agree to assume payments and he transfers the title of the house to me or a person of my choice.

I am looking for feedback and criticism from all people but, especially from those who have successfully negotiated through this minefield before.

I am in Canada btw.

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  • Investor · Stouffville, Ontario · Member since 2011 · 213 posts · 65 votes
    11y

    In Quebec you will need to find out if the home is declared as their family residence. If so you will need both to sign all documents. 

    This will be a tough one as you now have to negotiate with two parties wanting two different things. All the best 

  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    11y

    Gary is correct, the house is considered marital property even though title is only in the husband's name.   In Québec, and many/most other provinces the husband cannot encumber or sell the property without the wife' consent.  If I recall correctly, the wife also has to sign a declaration of in dependent counsel - essentially that she has reviewed the matter with an attorney independent of her husband and fully understands her options and the course of action to which she is agreeing.

    The husband not being allowed on the property sounds like a possible protection order.  I would determine if this is the case.  Are there children present?    You also need to know the period remaining on the existing mortgage (i.e. <= 5years most likely).  If there is not yet a separation and/or custody agreement in-place and/or there is less than 2-years remaining on the present mortgage, you will need to make a decision on whether you can make this happen, or if it is worth the effort.

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