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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100031
Experience:  Lawyer
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Does possession of a home affect the rights to the asset?

Customer Question

Hi, does possession of a home affect the rights to the asset? The situation is
- young couple with no children living common law for 5 years
- purchased a home with both names on title and on the mortgage, with funds mostly from sale of a previous home sale they had also owned jointly
- the relationship deteriorated but they continued to live in the house jointly but not as "a couple" for several months
- he has since moved out at her request
- they are jointly renovating a suite for her to live in and she will rent the remainder of the house to cover most of the mortgage while she continues to live there.
My question is:
- do these actions in any way threaten his ongoing rights to 50% of the equity in the house?
- are there any things he should be doing right now to establish and/or protect those rights?
He has no interest in forcing her out of the home or pushing for an immediate resolution.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province is this please?

Customer: replied 1 year ago.
It is in BC
Expert:  Debra replied 1 year ago.

Possession of the home has nothing to do with ownership in a case like this.

Your son will not have his right to own the home affected because he has moved out and she has remained living in the home.

Because both of their names are ***** ***** the court will presume that each owns one half of the house. That presumption can be rebutted if one of the owners proved to the court that they contributed more to the value of the home then the other person.

In a case like this where the other owner is going to be living in the home the best approach may be to have each of them contribute to the mortgage equally and then have her pay rent for the portion of the home that she will be occupying.

However, really the very best approach would be for them to sign an agreement prepared by a lawyer.

Doesn't help as a starting place?

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