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I owned my own home, putting almost half of the full amount…

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I owned my own home...
I owned my own home, putting almost half of the full amount as a downpayment. I lived in my home for approximately 2 years alone. I entered into a Adult Interdependant relationship with my partner. He lived in my home for 3 years and 1 month. During the time we lived together, I took out a HELOC against my home for 75K, 45 of which went to a downpayment on a property that we were purchasing together. The title has not been switched to my ex partners name yet and he is refusing to pay me the 45K. He is also claiming he could take half of the value of my house, as well as having his company charge me for renovations that were never completed. He drained our business accounts and our joint account and has left me with 90 K in debt, not including my mortgage. Can he come after me for more money?
Submitted: 8 years ago.Category: Canada Law
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Answered in 8 minutes by:
6/23/2010
Lawyer: Ulysses101, Lawyer replied 8 years ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,757
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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Where do you live?

 

How old are you?

 

You say that $45thousand went to another property that you purchased together, I assume that you're joint owners of that property?

 

Have you consulted with a lawyer? Has he demanded more? Is there any litigation commenced or threatened?

 

When did he leave?

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Customer reply replied 8 years ago
I live in Edmonton and I am 44 years old. The 45 K (a portion of the 75 K that was taken against my house) went to a downpayment to someone who was selling us a portion of their acreage, but none of it was in writing, so therefore, other than the cheque I wrote to the owner of the property, there is no documentation that we purchased the property, let alone purchased it together. He is now living with the people that own the property, and has struck a deal to purchase the property for 210 K, but nothing in writing yet.

I have not consulted with a lawyer, because I can't even afford to get in the door. I have no money, and cannot afford the debt repayment schedule, so I am in real danger of having to sell my house to pay off my debt. He drained the bank accounts on May 31, and left a day or two after that. He has told me more than once he can come after me for more, and has bragged to many that he could get at least another 100 K from me.

I also would like to add that he has used physical violence against me before, and I am convinced that I am risking my safety by seeking legal counsel.
Lawyer: Ulysses101, Lawyer replied 8 years ago

OK, I'll have to do a bit of research on Alberta's Adult Interdependent Relationship rules. If that's okay, I'll reply to you later tonight or tomorrow, so please reply to me that it's okay. If you want an answer right away, then feel free to opt me out as your expert and another might well pick up your question. However, to my knowledge there are no Alberta lawyers on this site.

 

Ulysses

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Customer reply replied 8 years ago
Tonight or tomorrow is great, thanks. We did sign an Adult Interdependent Relationship contract, by the way. PS - I wouldn't qualify for legal aid. I make too much money to qualify, but it's the debt load that has me stifled.
Lawyer: Ulysses101, Lawyer replied 8 years ago

My apologies for the delay. I've been involved in some contentious issues at court that have taken more of my time lately than I expected.

 

I've done a bit of research on Alberta's Adult Interdependent Relationship laws. As I said, there are no experts here from Alberta specifically, and that concept was new to me. I suspect that you know more about it than I do.

 

I have some sympathy for your situation, so I'm happy to engage in a dialogue without urging you to "accept" an answer since the only thing I'm going on here is my gut instincts in family law rather than specific knowledge of your situation being in Alberta.

 

I feel the need to ask, what makes you fear for your safety should you consult with legal counsel? How would the other side know that you did? This matter clearly cries out for you to have context specific legal advice.

 

Ulysses

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Customer reply replied 8 years ago
No worries on the waiting.

He has been violent in the past with me before. He has an anger issue and when he is angry, it precipitates to an explosive situation. If he feels that I am trying to "rip him off" it might cause him to get inappropriately angry. Our split was far from amicable, and he has been "taken to the cleaners" from his 2 ex wives, so he expects it from me.

I know I desperately need a lawyer. So does everyone else around me. But he has left me with such an extraordinary debt load, that I am now at the point where I may have to sell my home because of it (which exceeds the outstanding balance of my mortgage, ironically), And if I do, he will want at least half of it. According to his legal sources (a lawyer friend, apparently), he has the right to half of my house because he lived in it for 3 years. If he comes after it, I can't afford to fight it. I have no family. I would be, in effect, homeless, because any profit I make would go to him and the debt.

I really appreciate you trying to help. I hope this helps you in seeing if there is any solution for me.
Lawyer: Ulysses101, Lawyer replied 8 years ago

If there's no equity in the home then neither of you is going to profit from its sale, so there's nothing to argue about there. He's arguably entitled to some of its equity but it sounds like there isn't any equity in the home anyway.

 

He's not automatically entitled to half the home by merit of having lived in it for three years. If anything, he's entitled to a share in the increase in equity over that period, and the share would depend on who contributed what to the home by maintenance and paying for stuff.

 

Don't listen to what he says about what his lawyer friend told him. Obviously, he's only going to tell you things that favour his position.

 

Go to your nearest courthouse and find duty counsel and ask some questions about Adult Interdependent Relationships breakdowns. As I understand them, it still isn't the same thing as a marriage so there's no automatic entitlement to the property of the other. If the house is solely in your name, then it remains in your name. If he wants anything out it, he'll have to take you to court. And if there's no equity in the home (ie what's owed on it is more than its value) then his share of nothing is nothing.

 

I hope this helps.

Good luck

Ulysses

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