Newfoundland Legal Issue

[kimber1436]

Hi, my partner passed 03/06/11 without a will(intestate). Lived together for 7 years, Him , myself, my 13 yr. old daughter(,who lived with us constant) and his 15 yr. old daughter(every 2nd week) and 2 dogs. We Live in Newfoundland. He has 4 children (girls) are form a previous marriage(divorced ). His children are taking me to court to take our home. We were never married(engaged) and everything was in his name, I have proof that I paid all bills. I am still currently dealing with Legal issues and living in our home. We moved into this home together(7 years ago), I was not on any legal documents, due to poor credit. We obtained a loan from my sister for down payment for our house. What if any rights do I have, if any?

[NBDad]

We obtained a loan from my sister for down payment for our house. What if any rights do I have, if any?

You need to see a lawyer for specifics. In any event, do you have a document from your sister indicating it was a loan? Were there payment arrangements made? Were they kept? Can you prove that?

You can argue that you have an interest in the increased value of the home, and given you were engaged, that there was the intent to share the asset.

Your payment of the utilities may be argued as "occupational rent", but if you can prove the down payment was made from funds provided by your sister, and can either show repayments made OR have her swear an affidavit that it was a loan and not a gift, you may have a (somewhat shaky) leg to stand on.

At a minimum, if YOU fronted the money for the down payment, you should be eligible to get that back. You should be making a fair offer to buy out his estate's share of the home. If you cannot afford to carry that level of mortgage on your own, the house will most likely be sold and it merely becomes a matter of what share of the proceeds, if any, you are entitled to.

[CCB]

Sorry to hear about your circumstances, that's tough. Your situation is a complex one and you will need a lawyer to represent your interests.

If cost is an issue, maybe explore legal aid?

[kimber1436]

Thank-you, I have a lawyer at present, just seeing if their are any other alternatives. Maybe something we missed.

[CCB]

Good idea, I know the others on here always have great suggestions, keep checking!

[High Road]

I can't get my ex to ensure that his will lists his children, but was I ever lucky to listen to my lawyer who recommended in out sep agreement that we each maintain life insurance policies with the children as beneficiaries.