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I am sorry to hear of this difficult situation.
Are you saying you are both on title to the home and the mortgage?
Let me make sure I have this right. You own the house as your name is ***** ***** name on title to the house and on the mortgage. Your former common law spouse contributed one half of the down payment and also made some mortgage payments? Is that all the correct?
If she made mortgage payments regularly did she pay more than she would have paid for fair market value rent if she had been paying rent for this home?
She will not be able to prevent you from selling the house down the road but it is possible that she could cause problems right now.
There is no indication that she is entitled to one half of the value of the house. The reason why she would not be entitled to 50% of the value of the house is because while she contributed to the down payment she did not contribute equally towards the mortgage payments so while it is possible that a court would order that she receive some interest in the home it is not likely that she would get 50%.
I suggest that you try to nip this in the bud and retain a family lawyer in your city to send her a letter possibly offering a settlement and making it clear that she will not do as well in court.
Does that help as a starting point?
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The fact is that this is your home. She contributed to the down payment but it is not her house. Her name is ***** ***** title. She is paying less than fair market value rent.
As well, even if you were legally married after just a year and a bit she would not share equally in the value of the home.She is not going to get the home. There is no legal basis for it. At best you will have to pay her something but not likely 50% of the equity in the home. I would say you would have to pay less than that.
They have no relevance at all. The court cannot even consider that information.
Is there anything more I can help you with at the present time?