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Answered in 19 minutes by:
4/9/2014
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Up until you separated did you each pay equally towards the purchase of the car?
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Up until you separated did you each pay equally towards the purchase of the car?
Common law spouses do not have property rights in Alberta.
So while it is true that both of your names are XXXXX XXXXX the court would look at contributions before deciding who is entitled to an interest in the car.
And if you never contributed to the car's acquisition or payments then you would not be awarded an interest in the car.
Do you see what I mean?
At the same time he should remove your name, if possible, so you are on not on the hook with the creditor.
However, in most cases a creditor will not allow one of the debtors off the hook as it's safer for them to be able to go after two people if necessary.
So it could even be the case that he could not get your name off it.
But in answer to the issue about whether you could get half the value as of the date of separation that is only the case if you were legally married or if you contributed equally to the value of the car.
So while it is true that both of your names are XXXXX XXXXX the court would look at contributions before deciding who is entitled to an interest in the car.
And if you never contributed to the car's acquisition or payments then you would not be awarded an interest in the car.
Do you see what I mean?
At the same time he should remove your name, if possible, so you are on not on the hook with the creditor.
However, in most cases a creditor will not allow one of the debtors off the hook as it's safer for them to be able to go after two people if necessary.
So it could even be the case that he could not get your name off it.
But in answer to the issue about whether you could get half the value as of the date of separation that is only the case if you were legally married or if you contributed equally to the value of the car.
VerifiedDebra and 87 other Canada Law Specialists are ready to help you
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