Hello, I have been living with my partner since July 1 2009…

Question

Answer 1

Answered in 2 hours by:

11/26/2011

Lawyer: Debra, Lawyer replied 11 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 148,476

Experience: Lawyer

Verified

Debra Thal (username) :

The bottom line is the Court will strive for fairness.

Debra Thal (username) :

So the Court would look at your contributions and hers and determine what interest would be fair to you.

Debra Thal (username) :

There is no set formula as to how this is done.

Debra Thal (username) :

So the best approach would be to consult with a lawyer and have the lawyer help you negotiate a fair settlement to avoid going to Court which will be too expensive for this matter.

Debra Thal (username) :

What you can do to find a lawyer is one of the following things.

You can contact the BC Branch of the Canadian Bar Association 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 $25.

The number is:

604.687.3221 or 1.800.663.1919.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

Customer :

So your answer is to consult a lawyer?

Debra Thal (username) :

I think you are not seeing the full screen.

Debra Thal (username) :

My answer was many lines long.

Debra Thal (username) :

Did you see that full answer?

Debra Thal (username) :

I can copy and paste it if you need me to.

Customer :

Sorry I thought that's what I was doing. :) She wants to sign the hopuse back into her name, keep all the equity or if she sells the house keep all the cash but split the debt 50/50. That would mean I would leave the relationshiop with debt and she would walk away with approx $200,000. She has not contributed any oney into the household for the past 2 years as she makes no money because her business is not making a profit. All the money she generates from the her business goes right back into her business. So I have been paying everything for her, her 2 kids and my child and me.

Debra Thal (username) :

What she wants it not realistic or fair.

Debra Thal (username) :

Why does she think a Court would order that.

Debra Thal (username) :

She is being ridiculous to think she keeps the equity and shares the debt if you've been contributing to the value of the property.

Debra Thal (username) :

But that is not to say that it's all shared.

Debra Thal (username) :

As I said at the outset it's about fairness.

Debra Thal (username) :

If you have not been contributing to the value of the house then you would not share in the equity but from what you are saying you have been since you moved in as you are paying the full mortgage payments and she pays none of them.

Customer :

She simply belives that since she had the house before and wants to keep it for her and her kids (as she has no pension) she should have everything. I am thinking that if we splitt the assesset and the liabilities (mortgage and mortgage line of credit) we would both end up with $100,000. I am proposing (in consideration of my earning capacity and her need to keep as much money for her future with her kids) that if I took $12,000 of debt that is related to my child (my own legal fees) that would leave her with roughly $188,000 and me with $12,000 debt. I am thinking I am being way more than fair.

Customer :

Do I make sense?

Debra Thal (username) :

I cannot really review the numbers as we are prohibited from actually giving advice rather than information.

Debra Thal (username) :

But as I said from the start you have to evaluate what your contributions have been to the value of the property and compare that to hers.

Customer :

Like I said she hasn't been paying anything and I've been paying 100% of the expenses; including food and clothing for her kids.

Customer :

tyhanks

Debra Thal (username) :

Food and clothing do not add to the value of the house.

Customer :

BTW i'm trying to type fast so please don't misunderstand my tone. :)

Debra Thal (username) :

Mortgage payments do.

Debra Thal (username) :

Renovations do.

Debra Thal (username) :

So am I and I am sure there are a lots of typos!

Customer :

yes I am the only one with an income so I have been contributing to the value of the house

Debra Thal (username) :

That's what counts

Debra Thal (username) :

So figure out who put in what, from the start, and then work out what you feel is your percentage of contributions and hers and then go from there.

Debra Thal (username) :

But it's also best to see a lawyer who can review the numbers for you.

Debra Thal (username) :

And as I said it will only cost $25 to do that face to face so that should be your next step.

Customer :

ok thanks. I was hoping to get a difinitive answer on here...

Customer :

oh figuring out who put in what, from the start - do you mean from the start of the relationship or when she had the house before me?

Debra Thal (username) :

I mean from when she got the house.

Customer :

But she shared the expenses with someone else prior to me. Does that still count as her contribution or are you talking about the actual money SHE contributed alone?

Customer :

sorry I mean shared the mortgage with someone else

Debra Thal (username) :

I am talking about the money put into the house.

She brought the house into your relationship.

She brought in a certain amount of equity.

That's her contribution to the house.

Now look at what you've contributed.\

Debra Thal (username) :

And compare those amounts.

Customer :

I see

Debra Thal (username) :

I have to run out for about half an hour. I will check back as soon as I am back.

I didn't think the chat would take quite so long.

I am sorry.

Customer :

oh

Debra Thal (username) :

I am back now.

Debra Thal (username) :

I can still chat and will be available for another couple of hours and then again late tonight and then tomorrow.

Hello, I have been living with my partner since July 1 2009…

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