Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

I am in the middle of a common law split (lived together

Customer Question
Hello I am in the middle...
Hello
I am in the middle of a common law split (lived together for 6 years). I purchased a vehicle in my name and after paying 2 years of a 5 year term my boyfriend rolled it into our mortgage when we were renewing. Does he now own 1/2 the vehicle? I would guess that he has assumed 1/2 the debt due to the fact the mortgage is in both our names? In addition to paying off the car another 20,000 was used to pay down debts (60% mine and 40% his). We separated a year later after this was done. How does something like this work? I'm self representing and want to get things in order and try to be as fair as I can in the process.
Thanks
Submitted: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 11 minutes by:
11/23/2015
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,511
Experience: Lawyer
Verified

Whose name is ***** ***** to the car?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
The title to the car is in my name.
Lawyer: Debra, Lawyer replied 2 years ago

He does not own half the car.

You own the car as it is in his name.

But he may get credit for paying down you debts.

So if you are dealing with dividing up the interest in the home he may get a larger portion that you are getting.

Do you see what I mean?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
I'm confused. You originally said this "He does not own half the car" then said this "You own the car as it is in his name" Did you mean to say I own the car since it's in my name?
And if the debt is in both of our names wouldn't we both be responsible for paying for it? I have credit cards that are in my own name that I am paying but if the car is put into a mortgage in both our names then we'd each be responsible for 1/2 the debt owing on it no?
Lawyer: Debra, Lawyer replied 2 years ago

Yes. Sorry, that was clearly a typo.

Both of you are responsible for the debt as between you and the creditor. But when you start talking about who is responsible for the debt between the two of you if it's your car and you are keeping it then the court would look at the agreement between the two of you and what other assets and debts are related to this issue.

The court will not allow you to be unjustly enriched to the detriment of your former spouse. So the court is note going to say that your former spouse has to pay for half of the car loan but you get to keep the car. The court maybe address this in different ways. For example it may be that the court will give your former spouse a greater interest in the house because part of the mortgage is to pay off your car loan

Do you see what I mean? It's all going to come down to fairness. The court will strive for fairness and will not allow one of you to be unjustly enriched to the detriment of the other.

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
I'm all for being fair. I'm just checking information that I've heard from others and what he's trying to tell me...lol. So the car was only on the mortgage for a year until we split. I've been paying the mortgage since then. Would he have full entitlement of what the value of what the loan amount that went onto the mortgage when it was for such a short time?
Customer reply replied 2 years ago
I'm all for being fair. I'm just checking information that I've heard from others and what he's trying to tell me...lol. So the car was only on the mortgage for a year until we split. I've been paying the mortgage since then. Would he have full entitlement of what the value of what the loan amount that went onto the mortgage when it was for such a short time? I've been payint the morgage solely for the last 3 years.
Lawyer: Debra, Lawyer replied 2 years ago

The way this works is because common-law spouses do not have property rights the court would look at who contribute to the value of an asset in the other's name. So the court would look at what the car is worth, how much he paid towards it and then what house is worth and how much each paid towards it.

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
I don't have access to a computer and it's hard to see what is going on on such a small screen.I will say this He never paid anything towards the car. His name was on the loan agreement but I made all the payments.Hopefully I can get on an actual computer and actually see all this laid out in front of me on a bigger screen.
Lawyer: Debra, Lawyer replied 2 years ago

It sounds like you are in a good position with respect to the car.

Ask Your Own Canada Law Question
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,511
102,511 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

102,511 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
Do you have experience in Canadian Law? Province -
Do you have experience in Canadian Law? JA: What state are you in? It matters because laws vary by location. Customer: Province - Saskatchewan JA: Has anything been filed or reported? Customer: no JA:… read more
Debra
Debra
Lawyer
102,511 satisfied customers
We are one of many Sunchaser/Fairmont timeshare owners who
Hi, We are one of many Sunchaser/Fairmont timeshare owners who face punitive penalties for not going with the Sunchaser reorganization. Sunchaser got their favorable ruling by convincing the court tha… read more
Debra
Debra
Lawyer
102,511 satisfied customers
I failed to attend court in ontario. Charges were fraud over
Hi. I failed to attend court in ontario. Charges were fraud over 5000 . Now i am in alberta and trying to leave canada. Can i do that ? I would also like to come back to alberta in future and make it … read more
CriminalLawyerTO
CriminalLawyerTO
27 satisfied customers
I sent a nude and he said he put it on 40 websites and i
Second opinion] so i sent a nude and he said he put it on 40 websites and i don't know if i believe him or not. he said the police is watching me and will arrest me for sending nudes. this was 2 years… read more
CriminalLawyerTO
CriminalLawyerTO
27 satisfied customers
My wife and I divorced several years ago. We lived in the
My wife and I divorced several years ago. We lived in the US, then she left for Canada and filed for the divorce. We have one daughter together. I am an American, she is Canadian and our daughter is d… read more
Debra
Debra
Lawyer
102,511 satisfied customers
Can a tenant be given 10 days to get out although rent is
can a tenant be given 10 days to get out although rent is paid t date and it is mid-winter for any reason? … read more
Debra
Debra
Lawyer
102,511 satisfied customers
Would a cash inheritance incur clawback on OAS. I will be
Hi Sir, would a cash inheritance incur clawback on OAS. I will be retiring at the end of the year. I might receive cash that together with my work income might be close to $75K. If the clawback would … read more
Debra
Debra
Lawyer
102,511 satisfied customers
If a Canadian citizen is not a current resident is the. The
if a Canadian citizen is not a current resident is the … read more
Debra
Debra
Lawyer
102,511 satisfied customers
My mother is a senior living in Canada. Is there a limit to
My mother is a senior living in Canada. Is there a limit to how much I can transfer? … read more
Debra
Debra
Lawyer
102,511 satisfied customers
I have a binding arbitration agreement with me ex. I have
I have a binding arbitration agreement with me ex. I have paid her support without fail for approx 8 years. more than $500K. I lost my job July 2016. I had 12 months salary continuance and continued t… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,124 satisfied customers
What are the laws for scheduling a 16 year old going to
What are the laws for scheduling a 16 year old going to school all night shifts. He works at McDonald's and they don't even offer transportation when there is none at the times he's scheduled to work… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
We are taking our builder to small claims court, we have
We are taking our builder to small claims court, we have filed papers and served them. They have come back to us saying “We have instructions to defend this matter. I trust my client will not be noted… read more
Debra
Debra
Lawyer
102,511 satisfied customers
We are going to make a living will (my wife & I). We reside
We are going to make a living will (my wife & I). We reside in B.C., and are age 64, 65 yrs old. I do not see the need for a lawyer as our two adult children are fully aware and agree to the terms. Is… read more
Debra
Debra
Lawyer
102,511 satisfied customers
If a will does not name a certain business as one to receive
If a will does not name a certain business as one to receive a donation can the executor make the decision to provide a donation out of the estate before remaining assets are distributed to the benefi… read more
Debra
Debra
Lawyer
102,511 satisfied customers
Last June, Family Connections in Bracebridge decided to send
last June, Family Connections in Bracebridge decided to send my daughter to her mother in Edmonton for this current school year and then state that after a reassessment, she may be returning to long t… read more
Debra
Debra
Lawyer
102,511 satisfied customers
I heard that minimum wage has increased to 15$per hour. I
I heard that minimum wage has increased to 15$per hour. I want to know when it starts and does this include the current employees whose wages are under 15 … read more
Debra
Debra
Lawyer
102,511 satisfied customers
I had my Visa card frauded while in a women's shelter. Once
I had my Visa card frauded while in a women's shelter. Once l realized it had l called fraud department. They took back all money the person put on bills … read more
Debra
Debra
Lawyer
102,511 satisfied customers
What do u know aboy land lord tenant disputes? I am in
i have recieved written notice to clean my suite in 14 days or else - the only thing is the suite is indeed CLEAN - we have lived here for 14 years … read more
Debra
Debra
Lawyer
102,511 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x