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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100426
Experience:  Lawyer
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Are you familiar with Quebec separation lawÉ, ok I need to

Customer Question

are you familiar with Quebec separation lawÉ
JA: No. I'm the Lawyer's Assistant.
Customer: ok I need to speak to a lawyer regarding Quebec family law
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: my fiancé and I are separating we've been together for 5 years we bought the house in 2012
JA: Has anything been filed or reported?
Customer: I'm not sure if we need to we weren't married?
JA: Anything else you want the lawyer to know before I connect you?
Customer: well I need to know what entitlements I have and how I can protect myself
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

I am sorry to hear you are in this difficult situation.

Are both your names on title?

Customer: replied 10 months ago.
I'm Sean she is Jennifer we live in Gatineau QC
Expert:  Debra replied 10 months ago.

What I am asking if is both of your names are ***** ***** to the house.

Customer: replied 10 months ago.
we are both on the title for the mortgage we lived in a homes she owned in 2011 then bought our home in 2012. she put the down payment on the house while we were together. She is now asking for the full down payment back upon the sale of the house where as she wasn't working until 2013. Ive made mortgage payments on her old home and our new one from sept 2012 to feb 2013. She says her lawyer says she gets the 53k back and I get nothing? and have to pay half of the closing fees when the house is sold?
Expert:  Debra replied 10 months ago.

In total what did you each contribute to the value of this home? Also include the mortgage payments that you made on her first home less what you would have paid for fair market rent if this was owned by someone else.

Customer: replied 10 months ago.
She came into $130k when we were together she put 53k don't on the home. I paid 10,400 for her home. Out of that 130K she did pay my car off 14k. then I paid $7740.00 until she started back to work. Fare market value for rent on the first home would have been $5200.00
Expert:  Debra replied 10 months ago.

Has your home increased in value since you bought it?

And is she saying you share in the equity less the down payment?

How much did you pay towards the mortgage of the new home? Did she pay anything towards the mortgage of the new home?

Customer: replied 10 months ago.
to sharing the equity less the down payment the homes has increased from 265k to approx. 299k we put a new garage on the house.
I pay half every payment 635.00 per month
Expert:  Debra replied 10 months ago.

Who paid for the garage?

Customer: replied 10 months ago.
a second mortgage 47 k both pay
Expert:  Debra replied 10 months ago.

The way a court would look at this would be to consideration contributions to the value of the home.

So it is not the case that the court would say she gets the down payment back. Rather, the court would add up all you contributed and what she contributed. So if by way of example she contributed 75% of all contributions and you 25% she would get 75% of the equity and you 25%.

So before deciding if you should agree to her taking the down payment off the top you should figure out which method would put you ahead.

Do you see what I mean?

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.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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