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I have be co-habituating for 3 years, we bought a house

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I have be co-habituating for...
I have be co-habituating for 3 years,
we bought a house together, both our names on mortgage.
We are tenants in common. I put $180K down payment, he put 20K.
He has been making mortgage payments because we agreed it would be fair
we have joint bank account where we both put money to pay bills
We made co-had agreement that I would get my down payment back (to go to my estate if I died) plus the settlement on the house once sold.
Now we are splitting and he says I am only entitled to $160K and nothing else
Submitted: 9 months ago.Category: Canada Law
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Answered in 8 minutes by:
10/12/2017
Lawyer: Debra, Lawyer replied 9 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,482
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 9 months ago

I am sorry to hear of this difficult situation.

I am not following his logic.

He put down the $20K and paid the mortgage. So what did put in, in total?

And did the house increase in value since you bought it?

Does the agreement say you get your down payment back and the rest is shared equally? That would not make sense either so what does it say?

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Customer reply replied 9 months ago
The house increased to 585K, the agreement says the longer we are together the less value my downpayment until it ends up we are totally equal owners. This is because my house was paid in full due to my first husbands death. He agree to make mortgage payments because I was mortgage free when we met. He makes 200k a yr I make 70k a year.
the way I see it:
-We sell,
-pay off the mortgage (321K)
-I get my 180k back less 20K he put down
-we split the profits
Lawyer: Debra, Lawyer replied 9 months ago

That does make some sense except that he paid more than the $20K. He paid all the mortgage payments. That not only went to interest but actually reduced the mortgage as well.

But in any event, it isn't what either of you want that will matter here. It is what the agreement says.

So if your approach is adhering to the terms of the agreement then you will succeed but if not you will not.

Do you see what I mean? I am sorry I just cannot give you the exact answer you are hoping for.

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.

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