At my common-law partners request, I have been living outside…

OK, Marco

Since you aren't married then the property isn't called the Matrimonial Home, in which each spouse would be entitled to equal rights of possession and claim to equal value of the home's equity.

But you are both on title, so you have equal right to come and go as you please. It's your property. If you are both on the mortgage too then each of you is responsible for the full mortgage payments regardless of if you live there. The bank doesn't care if you are living at the property, they just want their money from whoever is contracted to pay it.

You and your ex should come to some kind of agreement as to how you are going to resolve this. If you each put equal monies into the home, then you could agree to split the equity and if your ex can buy you out (ie if the bank will give her a mortgage solely in her name given her income and credit rating), you could transfer title to her solely and get out of the mortgage.

There isn't a ton of equity in the home, and the market isn't the best right now. If she can't buy you out, and you don't want to buy her out, perhaps you could agree to split the ongoing mortgage and property taxes, she pay the bills because she lives there, and you sell the house down the road when there's some more equity and maybe you get a better price for it.

This isn't worth going to court over, Marco. But the two of you should still go see a lawyer or mediator to get some kind of contract which will say how much of the home's value belongs to each of you, who will pay for what until it's transferred or sold, and when or under what conditions it will be transferred or sold. You need a game plan here, Marco.

If you don't have a lawyer you've used before, ask friends and family for a recommendation and shop around. What you want isn't complicated but you need something to protect your investment or else you may lose it or deplete it all by litigating over it. If you still don't have any leads, try calling the Ontario Law Society's Lawyer Referral Service at 1-900-565-4LRS (4577), and for $6 on your phone bill you'll get lined up with lawyer in your area for a free consult.

Good luck, Marco

Ulysses

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