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Debra
Debra, Lawyer
Category: Canada Law
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I am in the middle of a common law split (lived together

Customer Question

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: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

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

Customer: replied 1 year ago.
The title to the car is in my name.
Expert:  Debra replied 1 year 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?

Customer: replied 1 year 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?
Expert:  Debra replied 1 year 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.

Customer: replied 1 year 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: replied 1 year 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.
Expert:  Debra replied 1 year 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.

Customer: replied 1 year 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.
Expert:  Debra replied 1 year ago.

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

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