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Debra
Debra, Lawyer
Category: Canada Law
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My ex-common law husband and I purchased 2 condos in Las Vegas

Customer Question

My ex-common law husband and I purchased 2 condos in Las Vegas back in 2007 or 2008. Both are names are ***** ***** for these condos and there is no outstanding mortgage on them.
Afterwards, when everything was signed sealed and delivered, he insisted that a joint venture agreement be drafted. To avoid conflict, I went to a lawyer with him and a joint venture document was drafted. I didn't like the agreement, I didn't agree with the terms and to this day, I have never signed it. My ex has been going along all this time as if the agreement was signed and carved in stone.
Also, without consulting me, he employed a property manager in Las Vegas to take care of the condos for us. We were going to get one anyways but even though he is doing a decent job, I suppose, the guy is pompous and arrogant and has always treated me like a non-existant.
I would like to know if the unsigned "agreement" is valid or if the 50-50 title takes precedence.
Submitted: 2 years ago.
Category: Canada Law
Expert:  dkaplun replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
If I may ask, are you asking this question based on US law or Canada law? I want to make sure that I am qualified to answer this question for you, thank you!
Customer: replied 2 years ago.
We live in Canada.
Expert:  dkaplun replied 2 years ago.
Thank you! I am a US based attorney, please allow me to move this question to our Canada Law section. One moment please!
Customer: replied 2 years ago.
Thank you.
Customer: replied 2 years ago.
How long will this take?
Expert:  Debra replied 2 years ago.
What province do you live in?
Customer: replied 2 years ago.
Alberta
Expert:  Debra replied 2 years ago.
So is he saying you are not entitled to share equally in the value of the properties?Do you have other joint properties in Alberta?
Customer: replied 2 years ago.
The condos are in Las Vegas. No we don't have other properties with both our names on them. We have a time share with both our names.
He is saying, based on his calculations, that I have $25,000 equity and he has $145,000. I have the financial statements he produced (he is a certified management accountant and I have an accounting degree).
Expert:  Debra replied 2 years ago.
I don't know the law in the US but as far as Canada is concerned you would be entitled to an equal share in the value of the assets because both your names are ***** ***** unless he can show that he contributed more than you did to the value of the assets.But the courts in Canada cannot make an order over properties in the US so ultimately you will need to consult with a lawyer who is in the jurisdiction where the properties are located.

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