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Saskatchewan, canada.. comman law 6 years.. she moved out…

Saskatchewan , canada.. comman law...
Saskatchewan , canada.. comman law 6 years.. she moved out and will not talk to me.. so i guess its over.. house i owned before but i take it she gets half.. we own a buisness together but she has walked out on that since april ..there is a camper and a snowmobile on her name that the shop is making the payments on.. is it smart to keep making them payment or what? and i am not going to a lawyer until she does..
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Answered in 1 hour by:
10/10/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,495
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

She will not get half of the full value of the house but just have of the increase in value of the house over the course of the marriage.

You don't have to make the payments on these assets if they are in her name.

I understand about now wanting to retain a lawyer and so long as you are living in the house and she is not making any claims that makes good sense.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 9 months ago
Are you sure about just the increase in valvue on the house in Saskatchewan?
Customer reply replied 9 months ago
Because in Saskatchewan after 2 years of comman law it is considered to be equal as marriage..

Yes I know that. If that were not the case she would get nothing.

But you are correct. I did some research and the matrimonial home is not exempt from sharing because it was brought into the relationship.

So after 6 years it is likely the case that she would share in the value.

I am sorry I was incorrect. There are no lawyers from Sask on this site so I didn't want you to sit and wait. I didn't know there was that exception in Saskatchewan.

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Customer reply replied 9 months ago
what are you saying now?

My answer is the same as before but you will share in the value of the house.

I don't see my answer changing in any other way. I don't see why you would make payments to things she owns if she is not. No one is going to come after you and as you are living in the house and she is gone I still don't see any reason to rush to get a lawyer either.

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Customer reply replied 9 months ago
are you saying the house is 50/ 50 then.. but if I keep paying these things in the end that money could be deducted from the value of the house?

If the house is in your name alone then the valuation date is the date of separation so anything you put towards the house you keep.

There is no basis for saying you can put money towards her items and then subtract that unless she agrees.

But if she brought those items into the relationship you will share in their value and if she bought them while together you share half and half.

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Is there anything more I can help you with at this point in time?

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Category: Canada Family Law
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Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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