I recently purchased a home in Ontario, Canada. Both my self…

Question

I recently purchased a home in Ontario, Canada. Both my self and my partner's
names are XXXXX XXXXX agreement. We have not lived together as of yet. The home
has been under renovations since we purchased it and may be finally completed by
the end of February. My boyfriend and I both still live with our parents and we
have come to irreconcilable differences. He never put a cent down for a down
payment nor did he for any renovations or the land transfer tax (my parents have
contributed to all). What he has put in is his half of the mortgage & utility
payments since Oct 1st, 2013, a shower head he purchased for the bathroom and
$200 deposit for a couch set.
Our relationship has realistically come to an end. I do not want to sell this
home, rather remain in it. DO I have the option of buying him out, if so at what
costs? I believe he is entitled to only everything he has contributed.

Ulysses101 · Accepted Answer

Ulysses101 :

Hello, thank you for the message.

Ulysses101 :

Sorry it didn't work out, but at least you found out before you moved in.

Ulysses101 :

So, you're both on title? When was the home purchased?

Customer:

We purchased it on Sept 30th, 2013

Customer:

We have never moved in as of yet, and have never lived together prior to this

Ulysses101 :

You can buy out his share, but of course he'll have to agree to it. He might not
be in such a reasonable mood at the moment.

Ulysses101 :

And you're right; you never lived together so he's entitled to get back what he
paid, not half of the total or anything like that. If he starts talking about
that, tell him that he doesn't know what he's talking about and to shut up until
he sees a lawyer.

Ulysses101 :

So, you need to communicate this offer to him, and that's best done through a
lawyer of your own.

Ulysses101 :

Question or comment?

Customer:

There have been a few times where he's said that techinically he is entitled to
half and even the portion of the renos that my parents saved on (being that the
contractor we hired was someone he knows and saved my parents a lot of money in
comparison to hiring any other contractor). Is this true?

Ulysses101 :

It is not true. You're not married, so he's not entitled to half.

Ulysses101 :

And he's certainly not entitled to a portion of what your parents saved on
renovations because they used someone he knew. They had a contract and paid for
the work done. Anything other than that was a favour to him, and that's between
them.

Customer:

So offering to buy him out for all that he's contributed is fair? He also claims
that I owe him for his being screwed if he wants to purchase a home in the
future (he wouldn't get the first time buyers discount on the transfer tax)

Ulysses101 :

He's not entitled to anything for that either. Just make an offer so that he
gets back what he put into it, and only that much.

Customer:

The reasoning for our split is that the last few months his behaviour has become
unbearable. He's controlling I can't come to any understanding of his issues

Customer:

I don't know for a fact but I'm quite convinced he even hacked into my cell
phone and had been tracking every single one of my text msgs I ever received.

Ulysses101 :

He sounds like a jerk, wanted to be compensated for finding a cheap renovator.
But that doesn't matter, really. He's entitled to what he put into the home and
nothing else. You're not married and didn't live together. If he won't
co-operate you'll need a court order.

Customer:

He's been emailing me this past weak threatening that he's going to be changing
the locks. He's never showed any interest in any part of this home from the very
beginning but yet now wants to change the locks (I think it's just to be
spiteful)

Customer:

Would I have to go to a family lawyer to get an agreement drafted up or could I
just go back to my realestate lawyer for this?

Ulysses101 :

It sounds like he's trying to be spiteful for sure.

Ulysses101 :

Go back to your real estate lawyer, perhaps they can help you with this since
you already have a relationship there. If they can't help you, they can
recommend someone I'm sure.

Ulysses101 :

He shouldn't change the locks, that could lead to a criminal charge. You can
tell him that if you wish. It's grounds for a mischief charge, interfering in
another's property rights.

Ulysses101 :

I doubt he'll do it anyway. He sounds like a whiner.

Customer:

Does he have the right to change the locks though, since his name is XXXXX XXXXX
agreement as well

Ulysses101 :

No, he doesn't. You're both on title. You each have equal right to come and go
as you please. So if he locks you out, that's a criminal charge of mischeif.

Customer:

But he says heS

Customer:

but he says he will change the locks and give me a copy....as he wants no one
else on his property. Also said that he didn't want the renovations and he's
more than willing to get into the house and start making renovations of his own
with a hammer.

Customer:

I'm very stressed out

Ulysses101 :

Then feel free to call the police, tell them that he's threatened to wreck your
property. If he told you in writing, even better.

Customer:

Thank you. You've been helpful

Ulysses101 :

You are very welcome. Good luck. Here's where I ask you to rate the service
positively, please.

Ulysses101 :

That's how I get credit from the site for helping you today.

Customer:

Are you in the Toronto area? I'd possibly like to hire you as my lawyer for this
situation

Ulysses101 :

I'm not in Toronto, I'm afraid. I'm sure that your real estate lawyer can
recommend someone good for you.

I recently purchased a home in Ontario, Canada. Both my self…

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