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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I jointly own a property with ex-common-law spouse. proprety

Customer Question

I jointly own a property with ex-common-law spouse. proprety was bought in 2012 for 296 000$ and $20 000 was used for down payment and notary fees. The Homeownership program was used by both parties to finance the home but in reality my ex-common-law didn't use her program money for the down payment but instead paid her own credit card. Therefore the full $20 000 down is my personal money. No documents were signed or declared at the notory to claim back this money in the even of a sale. But all money trails from bank statement shows that all the money came from my bank accounts. Can the Family Court force her to recognize this amount as mine so that in the event of a sale the division of the proceed not 50/50 but 50/50 after deducting my 20k?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
I have to make an offer to buy her part of the property but I feel I can't make a fair offer because 1) taking in consideration the mortgage payments & equity 3 year not enough equity was accumulated 2) I have put up all the required down payment not her 3) I have paid alot more than my fair share of the house expenses during the 3 year period ex: municipal taxes were covered by me for that period 4) she left with half the mortage payment in the last month of cohabitation, leaving to cover 100% of the bills for that last can I recuperate my 20k and any other amount if all expenses were 50/50.
I need to the court to recognize the unfair contribution before I can make an offer or decide to sell... can that be done & how
Expert:  Debra replied 1 year ago.
What province is this please?
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.
As common law spouses do not have property rights the court will most assuredly look at your contributions to the total value of the house.If you contributed more ( and you clearly did) you will get more of the equity. So if you contributed twice what your former common law spouse did then you will get 2/3s of the equity. Do you see what I mean?
Customer: replied 1 year ago.
I see what you mean but is there is precedent to this kind of situation because its almost the same case as an unjustifies enrichement (french transalation for enrichissement injustifé) in case of married or civil union couples. In my case my financial situation worsen year after year while she her situation never really change except for mortgage payments. Should this debabted before a judge before making an offer or through lawyers going back and knowing she will not recognize on paper that she didn't contribute. Her excuse it was family expenses.
So my question how can i get this on paper through judge or subpeona or any other mechanism.
Is banking statement showing money trail sufficient to convinvce a judge to go in my favor
Expert:  Debra replied 1 year ago.
You both have to show exactly what you contributed. The court would strive for fairness. It is that simple. So be ready to prove both of your contributions.It would be best to settle out of court if at all possible so your next step should be to retain a lawyer to start negotiations for you.

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