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My son Sean and daughter in law Nicole, together for 16 yrs,

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My son Sean and...

My son Sean and daughter in law Nicole, together for 16 yrs, married 6 yrs with 2 children. They purchased a house with my husband and I, being Seans parents. They put $5,000.00 and we put $5,000.00 as down payment. Then Ken and Laurie Quinn (Seans parents) put $108,300.00 to cover balance of down payment and the 1% tax of the purchase price. This was 2014. In Oct. of 2017 we gave Sean and Nicole a loan to cover a PLC that Sean had with BMO for $25,000.00 that they had been using while Sean was in school over about 8 yrs or so all while they were together. They continued to pay interest only. They also decided to add $12,000.00 to cover there current debts at that time. So the total loan was for $37,000.00 dated Oct 2017. We received the 1st payment of $500.00 in Jan of 2018.

Lawyer's Assistant: What province is this in? It matters because laws vary by location.

I was not able to finish my message but this is in British Columbia. They separated in Aug 2017 and Nicole provided separation papers to Sean and the fight has been on. He does not agree with a lot of what she is asking for and his lawyer said we should get a lawyer as she is not familiar in property law. We have had house appraised and we have all agreed to $808,000.00. Now is the kicker. The mortgag is only in Sean and Nicoles names because we wanted them to gain a credit rating. Nicole is now telling us that if Sean does not sign the exact papers she had drawn up , her lawyer is telling her that she can list the house for sale.

Lawyer's Assistant: What steps have been taken so far?

I am not sure what u mean. Sean has been in touch with his lawyer and the have sent Nicoles lawyer the changes I am told. Did you mean Ken and I?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nicole does not seem to have a problem dividing the house proceeds but she is adamant that she should not have to pay any of the $25,000.00. Also Nicole is adamant that the chq she receives as her payout must come from a joint account with Laurie Quinn and Sean Quinn. Why??? Thank you

Submitted: 26 days ago.Category: Canada Law
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Answered in 2 hours by:
3/28/2018
Lawyer: Debra, Lawyer replied 26 days ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,931
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 26 days ago

I am sorry to hear of this difficult situation.

Are both names on title to the house?

What was the agreement in terms of who owns what interest in the house?

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Customer reply replied 26 days ago
I did mention in my message that sean and nicole are only on title of house as we wanted them to get a good credit ratinng. We pd the 108300.00 a 5000.00 of the downpayment. They pd 5000.00. We pd to reno the suite we live in. Also we pay half of the mortgage and utilities.
Lawyer: Debra, Lawyer replied 26 days ago

Actually you said they were the only ones on the mortgage.

I know what you paid but I was asking about what the agreement was. For example, was it agreed that your interests would reflect the contributions?

Or were you all to be equal owners?

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Customer reply replied 26 days ago
We r in canada. R u an American lawyer
Lawyer: Debra, Lawyer replied 26 days ago

I know you are in Canada and so am I.

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Lawyer: Debra, Lawyer replied 26 days ago

I am not able to speak on the phone. I am sorry about that.

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Customer reply replied 26 days ago
Im sorry, not sure if this is a real lawyer as this system said they would take my money if i wanted to talk to devra so i better not b charfed unril i speak with a lawyer tomorrow as it is almost 11:00pm here.
Lawyer: Debra, Lawyer replied 26 days ago

I am Debra. I am a senior family lawyer in Ontario. It's very late here.

If you want to stop that is fine. If you want to continue tomorrow let me know.

Have a good night.

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Customer reply replied 26 days ago
I want to speak to a real lawyer tomorrow if i am being charged for that. Thk u
Lawyer: Debra, Lawyer replied 26 days ago

You were not charged for the call as I didn't agree to the call.

I am a real lawyer as I've said but this is becoming insulting and it is taking too much of my time. I am opting out.

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