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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100944
Experience:  Lawyer
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We have a duplex which was purchased by 18 years ago from my

Customer Question

we have a duplex which was purchased by 18 years ago from my wife's mother we are now getting a divorce the mortgage at the time of purchase was 180.000 on the deed we showed a purchase price of 400000..now upon the sale or split can her mother have recourse for the difference claiming it was a gift and she wants it back...
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Is she saying she wants the money back?
Customer: replied 2 years ago.
Yes she is....because of the divorce. Does she have the right to do that even though it doesn't stipulate anywhere on the deed thar it was a gift...
Expert:  Debra replied 2 years ago.
I am puzzled as you keep saying it is not a gift. Don't you want t to have been a gift rather than a loan?
Customer: replied 2 years ago.
Can she take back the gift under quebec law that is my question....when my wife buys me our of the property...
Expert:  Debra replied 2 years ago.
There is no such thing as taking back a gift.
She may try to say it was a loan. But you fan refute that by saying she never asked for it to be paid back.