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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 10-03-2010, 09:28 AM
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Default My CL partner says he is entitled to the taxes

Scenario

Co-owners of a vehicle live common law.Both parties have paid the loan, insurance and maintenance on the vehicle.There is an outstanding amount still owed to the bank. The vehicle was written off in an accident.The insurance company has offered to pay “blue book” rate plus applicable taxes
Prior to the accident, the common-law relationship breaks down and the parties are splitting up.

Question

Do both parties receive an equal amount from the insurance settlement, or does the party purchasing a new vehicle receive half of the blue book rate plus all taxes?
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Old 10-03-2010, 09:31 AM
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to me the bank gets their money first and since they were co-owners whatever is left over is split equally.
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Old 10-03-2010, 11:19 AM
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Typically the bank would have a lien against the vehicle for just such an occurence.

In any event, the bank gets their money first, then the remainder is split equally. Since both parties paid into it, both have a claim against the asset. (as in any business relationship)
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