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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96455
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I bought a home with my mother and common law partner in

Customer Question

I bought a home with my mother and common law partner in 2004. I put 20,000 down, my mother put 20000 down and he put 10,000 down. from 2005 - 2006 I paid all of the bills and mortgage with little help from him. In 2006 the relationship ended, and in 2008 he sued me for 100,000 of the house equity. I had a lawyer and paid upt0 30,000 in fees but it came to no conclusion. In 2011 I became pregnant and he said he would be a father to the child and look after us and drop the lawsuit if I sold him the house for 1.00. which I did under full duress. He is on my benefits and has acted as father to my child for 5 years. Now he cant find a job and is selling the house - and says that I get NOTHING from the sale of it. Do I have any rights?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

What province is this?

Customer: replied 1 year ago.
Alberta
Customer: replied 1 year ago.
From 2006 - 2011 I paid the mortgage fully, put in hardwood floors and kept things together. He has paid the mortgage from 2011 - current but he has full access of the house anytime. I pay all of the bills, all of the child's activities, the community lake fees etc. etc. It was part of the deal that we made when I transferred the title to him for $1.00. We have a joint account and he has been investing all monies in my RRSP account which are now almost non- existent because of the economy. I am currently on disability for a neurological disease but still employed until I get better. I have no money and high debt as well.
Expert:  Legal Ease replied 1 year ago.

Is he the only one on title?

Did you have independent legal advice before signing?

Customer: replied 1 year ago.
he is the only one on title now and no I didn't have independent legal advice before signing.
Expert:  Legal Ease replied 1 year ago.

Was there any agreement about what would happen if the house was sold?

Customer: replied 1 year ago.
no written agreement
Expert:  Legal Ease replied 1 year ago.

Was there a verbal agreement?

Customer: replied 1 year ago.
he said if it ever had to be sold it would be split evenly as we both invested in it.
Expert:  Legal Ease replied 1 year ago.

He is breaching your agreement and I wonder if he ever thought he had to follow it.

You are most likely going to be able to gain an interest in the house. First, it was yours and you signed it over for no value. Second when you did that you didn't have independent legal advice. Third, you've been contributing to its value.

I suggest that you retain a lawyer at once and have the lawyer send him a letter threatening a lawsuit if he doesn't agree that you both get 50% of the money when the house is sold. You should not wait until he sells but must deal with this urgently.

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