was with abusive man 30 years - he was removed from police…

Is his name on the title to the house?

Did you pay more towards the taxes and mortgage than you would have paid for fair market value for rent?

He is entitled to share in the increase in value because it's his house as much as it is yours.

If you paid more than you would have paid for rent then you are entitled to be compensated for that but you will have to prove that you paid more.

It would be best to retain a family lawyer to assist you as you are going to get bullied here otherwise.

Because it's his.

And because you lived in the house.

When you live in the house he is entitled to occupation rent from you.

You didn't pay him rent but paid for other things instead.

The law is clear and because it's in his name the Court will order the value to be shared and base it on current day value but may give you a credit for anything paid that increased the value of the house greater than what you paid for rent.

In 1988 when you bought it did he not pay part of the down payment?

Did you need his name on title to get the mortgage?

He is going to argue that he helped you get the mortgage.

But if you can show that his name was on title only because you were common law spouses and that because never once paid a dollar toward the value of the house it would cause him to become unjustly enriched to your detriment to treat him as a 50% owner.

But the presumption is that because his name is on title he is a 50% owner and it's hard to rebut that presumption.

The Court would consider all the factors but it's very unfortunate both that his name was put on title and no the mortgage and that you let this go for so long.

You are going to need an experienced lawyer to try and fight this.

Have you seen a lawyer yet?

What province is this please?

But you did let it go.

When he didn't want to settle and you let him continue on title you gave him a serious upper hand.

The better approach would have been to obtain a Court Order at that point.

They are likely going to take you to Court at this point and the Court will decide what is fair.

You aren't going to hand over half what amounts to half the equity in the house.

Most lawyers will want a retainer and then you can pay more slowly.

Most lawyers also accept credit cards if that helps.

If he accepts that.

What province is this?

Yes you can be forced to sell your home.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or 416-947-3330 (within the GTA)

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I hope you can work this out.

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