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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have been in a common law relationship in Alberta

Customer Question

I have been in a common law relationship in Alberta for just under 2 years. In year one we rented a house and during that year all of my money went to paying the bills and saving for a down payment for a house. Her income in year one went towards paying off her vehicle, credit cards and maintaining her house in Regina. We bought a house in July 2015, in Alberta, and now, 9 months later, she is ending the relationship for no clear reason. We bought the house in both our names and will have to sell it. In July 2015 I put 70,000 down as a down payment on the mortgage and have continued to pay all of the bills. Now that we are spitting up we have to split the equity. She says she is entitled to 50% of the entire equity which will be around 120,000. I want my 70,000 back of the equity and to split the rest 50-50. Even though I put down the entire down payment and she is leaving for no good reason, is she entitled to half of the entire equity or can I expect to get my 70k back then split the equity. Please help :)
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.
She is not entitled to half the equity and you may be entitled to more than just the $70K back and then splitting the equity. To determine what interests you each hold that court would look at your contributions. As you paid much more towards the value of the house than she did you would get more than 50%. So let's say that you paid 75% of all total contributions and she paid $25%. If the house has increased in value since you bought it you would get 75% of the equity and so get a larger share of the increase in value. Do you see what I mean?If she doesn't agree then you do need a lawyer unfortunately.

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