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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100008
Experience:  Lawyer
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I moved into a house (march 2015) with my girlfriend and her

Customer Question

I moved into a house (march 2015) with my girlfriend and her two kids. She did contribute 50% to the down payment and contributes around 1,000$ towards the $2,700 mortgage of the home. I'm on title for the mortgage. The mortgage is up for renewal in March 2017. We are ending our relationship however she does not want to sell the house. She's threatening for me to walk away from the house and leave it to her. She also says that in an event I try to sell the house she will go to court and try to file a motion. I want to understand what my rights are and also what her rights are in this situation.
Can I sell the house and have it equalized?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

I am sorry to hear of this difficult situation.

Are you saying you are both on title to the home and the mortgage?

Customer: replied 11 months ago.
No. Only me.
Expert:  Debra replied 11 months ago.

Let me make sure I have this right. You own the house as your name is ***** ***** name on title to the house and on the mortgage. Your former common law spouse contributed one half of the down payment and also made some mortgage payments? Is that all the correct?

If she made mortgage payments regularly did she pay more than she would have paid for fair market value rent if she had been paying rent for this home?

Customer: replied 11 months ago.
First paragraph is correct.She paid less then the fair market value if she had been paying rent for this home. The rent for this home would run around $2,000/Month.
Expert:  Debra replied 11 months ago.

She will not be able to prevent you from selling the house down the road but it is possible that she could cause problems right now.

There is no indication that she is entitled to one half of the value of the house. The reason why she would not be entitled to 50% of the value of the house is because while she contributed to the down payment she did not contribute equally towards the mortgage payments so while it is possible that a court would order that she receive some interest in the home it is not likely that she would get 50%.

I suggest that you try to nip this in the bud and retain a family lawyer in your city to send her a letter possibly offering a settlement and making it clear that she will not do as well in court.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
I also wanted to mention that her kids aren't in any way associated with me. Can she spin something in court around me trying to destabilize their place of residence? As I see it right now she's trying to work this around them.
Expert:  Debra replied 11 months ago.


The fact is that this is your home. She contributed to the down payment but it is not her house. Her name is ***** ***** title. She is paying less than fair market value rent.

As well, even if you were legally married after just a year and a bit she would not share equally in the value of the home.

She is not going to get the home. There is no legal basis for it. At best you will have to pay her something but not likely 50% of the equity in the home. I would say you would have to pay less than that.

Customer: replied 11 months ago.
She's also trying to create a story about me having an affair after she went through my collection of receipts that I keep for business expenses. I'm self employed and eat out every day for business and leisure purposes. Can she capitalize on any such allegations?
Expert:  Debra replied 11 months ago.

They have no relevance at all. The court cannot even consider that information.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at the present time?

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