help

[APEX123]

Hello New to forum

My clw and I are splitting up after 2yrs.

She is on the deed.

I paid the downpayment and the depoist and pay half of all the bills and mortgage.

So my question is, is she intitled to half the downpayment?

thanks for the replys

[littleman]

did you have a tenants in common form filled out before purchasing house? or a prenup......did you file on your income tax return "common law"......are one of you still legally married to someone else......

[APEX123]

no to all of the above. Its only been a year and half since we bought the house. If this helps .

thanks

[littleman]

if you didnt file common law on your income tax then you are not common law by law.......there is nothing to prove your statement otherwise.......is there any paper trail of any kind stating common law.......did you do the OHOSP thing and she didnt? that would be your saving grace if you did the borrowing for the downpayment or took out of your RRSP for it.......if you did that solely then she is not entitled whereas she cannot prove was her money that helped buy the house.......if you are like the rest us unfortunately you may have lost some money from the purchase price to market value today......

[APEX123]

ososp? all the money down was from my previous house that i sold

[littleman]

if you can prove such a thing then all the more power to you.......there is no need to contact family lawyer in this instance......its like roommates that are leaving each others company.........if you have paperwork or can get a hold of paperwork to show your money from sale of previous house then no need for anything else.....show her your proof and she will drop it......

[APEX123]

Thanks for the reply, it helps out alot.