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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100973
Experience:  Lawyer
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If I am tenants in common with my girlfriends mom her mom

Customer Question

If I am tenants in common with my girlfriends mom her mom owns 1% of the property and I own 99% of the home, what would happen if my girlfriend ended the relationship, given she is not on the title?
Also in the case of her mother not wanting to sell? my girlfriend contributed payments to the condo builder before the condo was built knowing her name would not be on title. Do I "legally" have to provider with the funds or are they split among the owners?
I am asking legally and not morally.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Who contributed to the acquisition of the home?

Who has been paying the mortgage payments?

Customer: replied 1 year ago.
We have both contributed to the home... and she has made some mortgage payments... she makes more money then me.
For 6 months the funds were drawn from her account and after that they came directly out of mine.with this 99% what am I entitled too?
Customer: replied 1 year ago.
As well my first time home buyers was used. her mother is actually in penalty from the CRA because she did not live on the property and filed for a hst credit, and has since been disapproved. I never applied for that only her mother and only her mother is being penalized.
Customer: replied 1 year ago.
Lastly, we are NOT tenants in common as her legal address is not this property I am the only person who lives here and uses this as my address.
Expert:  Debra replied 1 year ago.

In Ontario common law spouses do not have property rights. That means that the presumption is that whomever is on title owns the property.

But that presumption can be rebutted if the other spouse has contributed to the value of the property.

So if your spouse paid some of the mortgage payments and this was above fair market rent as she is living free in your house, then she would be entitled to an interest in the property. If she did not then she would not be entitled to any interest in the property.

So if the mortgage payments can be said to be in lieu of rent then you would own 99% and her mother 1% in most cases.

Customer: replied 1 year ago.
She can rent even though it's not her legal address and does not live on the property?
Expert:  Debra replied 1 year ago.

She would not have to pay rent if she was not living there so if that is the case the mortgage payments would count as a contribution to the value of the property.

The court would look at all contributions and compare them to decide what is fair in terms of interests in the property.