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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100506
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My boyfriend and I have been common law years and just

Customer Question

My boyfriend and I have been common law for 2 years and just bought a home in both our names on May 29th. We are noted as "spouses" on all documentation. If I leave him am I entitled to half the home? Do we have to sell it? How does that work?
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.
Did you pay equally towards the acquisition of the house?
Customer: replied 2 years ago.
Well we were "gifted" the money from his parents for the downpayment. He then used his line of credit (in his name only) to start paying them back. Him and I make payments on his line of credit to pay that down. Plus we pay mortgage....I forward (etransfer) him my half of the payments as the mortgage and line of credit payments come out of his bank account.
Expert:  Legal Ease replied 2 years ago.
So you've only paid the mortgage for June and July?And is what you are paying more than what you would be paying for fair market value rent?
Customer: replied 2 years ago.
Correct. Our mortgage is more than a rent payment. We pay 1500 a month mortgage and we pay back a total of 600 a month towards line of credit payments.
If he leaves me or I leave him, do I lose out on half house? Isnt half the value his and the other half mine and we would be forced to sell?
Expert:  Legal Ease replied 2 years ago.
I need to understand the facts as the law is not so simple.
Did you only pay for two month's mortgage and what amount are you paying yourself each month?
Customer: replied 2 years ago.
Correct. Only two months mortgage so dar. I paid 500 and he paid 1000 towards mortgage a month. I make 700 a week and he makes 2000 a week (I got him a job with my father as a millwright). So we pay by % of income.
Expert:  Legal Ease replied 2 years ago.
The parents are not going to say you were gifted the money. They are going to say he was. So that money is going to count as his contribution. In a case like this where both names are ***** ***** the court is not going to say you each get 50% if the contributions have been unequal.So they court will divide up the interests based on what you each contributed so you are not going to get much of an interest (if anything) as he has paid twice you paid and he made the down payment essentially. I am sorry about that. I know that is not what you were hoping to hear.
Customer: replied 2 years ago.
I understand. I thank you for helping me. House was 314K & he was gifted the 20K for our downpayment. So really if we split and sold house he would get perhaps 70% of value of home and I 30% value of home.
I could not afford to buy him out inorder for myself to keep home. He could afford mortgage on his own though.
If we split would we a) he may have to buy me out to keep home soley in his name or b) sell house completely and divide the sale money based on contribution (ie: 70% for him and 30% me)?
What would happen ....are those the 2 options if we split?
Expert:  Legal Ease replied 2 years ago.
Yes those are the two options that you would have.
Customer: replied 2 years ago.
So, to be certain-he would buy me out, based on:
1) my contribution towards the home? We pay the line of credit together (I have proof of payments) and I pay my part of the mortgage (which is in BOTH our names).
2) The gift of money towards the home from his parents was in both our names though not just his. "Gifted to him and I" and signed by both him and I.
3) We just used his line of credit to pay them back little by little.So if home was 314K, and he had to buy me out, it would be based on my contributions correct?
Expert:  Legal Ease replied 2 years ago.
If if this went to court the court would look at what you contributed to towards the value of the home and what your spouse contributed. The parents contributions would be seen as contributions by your spouse. So if he ended up putting in three times the amount that you put in then he would get 75% and you get 25%.

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