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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 98508
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I was in a common law relationship and we lived together for

Customer Question

I was in a common law relationship and we lived together for 5 years. Of those 5, we lived together for 3 years in a house we bought together. It was an investment property which has both our names on title and mortgage. He put more of a down payment than I did and because it's a duplex (side by side) home that is on one title (the two units cannot be sold separately), we lived in one side while renting out the other. He has been handling the business side of things (the rental income) and has used that as his income when filing his taxes. I have only contributed by paying the property taxes, utilities, and the home insurance. Now that we are not together, he does not intend to sell the house but may not be able to pay me out because he may not be eligible to refinance on his own and will require a cosigner. How do I calculate how much I'm entitled to and based on what values? Does being an investment property affect this evaluation?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
What province is this please?
Customer: replied 1 year ago.
Alberta
Expert:  Legal Ease replied 1 year ago.
Common law spouses do not have property rights in Alberta. So what you will be entitled to is based on your respective contributions to the value of the house.That does not include bills for insurance or utilities. It is based on what each of you paid to acquire the property, what each paid towards the mortgage etc. Do you see what I mean?

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