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Old 01-19-2009, 06:46 PM
may may is offline
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I have been living CL with a man in BC for 4 yrs. now. We both owned our own homes. We became engaged and agreed that he would sell his house and move closer to me, as I had a 14 yr old in school .

We found a home that we agreed to purchase. He put a deposit down and we jointly signed documents to purchase. Our agreement was that he would supply downpayment from the sale of his home ($200,000) and we would both share equally in all expenses. Mort, food, utilities, taxes, etc, In return, I would contribute by way of purchasing a car, truck and new trailer, and pay for basement to be finished . My financial contribution was around (130,000).
The house was purchased and a mortgaged obtained as joint tenants.

After around 3 years, he began to have financial issues, Adult children wanting continued child suport for going to college, and he unknown to me had run out of money and had been living off of credit cards and cashing in all of his RSP's. He began to have creditors and his ex start threating to sue. I got scared and said that we maybe should split up, as it was clear that he was not good handling money and I was worried about protecting my son and I.
He did not want me to leave and offered to transfer the house over to my name only, to make me feel secure. and show his intent to protect me from getting financially hurt. We spoke to a lawyer and were told that this was OK as long as there was no litagation pending. There was not. So we proceeded. Things have excalated and he has had his wages garnished and is taking his ex. to court to have CS canselled because his children (20, and 23) will no longer talk to him because he ran out of money.

I am furious with him , because i feel he draged me and my son into a situation that he was not honest about. I did not marry him yet because of all the mess he has created financially.
In the meantime I still own my house that I had when i met him, and I have rented out to a family member.

My main question is, if we split up what will happen to the joint house that we bought together, that he transfered to me to avoid being sued?
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Old 01-19-2009, 10:07 PM
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Logically I would think that your safe, but it's always good to be well informed. If you don't get a good answer here, call your local family court house and ask to make an apointment at the Family Law Information Clinic. They won't call you or anthing, so you can easily get the information you are looking for discretly.
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Old 01-20-2009, 06:33 AM
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so basically he gave you a $200 000 gift by signing the house over to you. I would sell that house and make sure you get your 130 000 out of it. Then I would walk away, he kept this a secret from you until it was too late. I would have a hard time trusting him and wondering if there is anything more he is/will hide from you.
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Old 01-20-2009, 10:27 AM
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Yes it seems clear to me - just decide what you each put in, decide what is left, and split accordingly. As you still have your original house, he should be allowed to stay in your current home and you can go back to your original home. The increase or decrease in value of the house (if any) should be proportioned relative to his down payment and your basement reno, but also depending on how you handled mortgage payments. The cars and trailer you purchased are just an expense that has devalued through use. He could pay you half the devaluation of those items and then you keep or sell them.
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Old 01-20-2009, 11:00 AM
may may is offline
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Default title of house

So, are you saying that I do not get full credit for my contribution bescause it was used to purchase vehicals that have depreciated ... and he gets full value of what he put in? Wow Did i get taken advantage of?
What about the fact that he signed the full ownership of the house to me to avoid creditors as well as CS arrears? I have paid more than half of everything. I also operate a buisness out of the basement of this home.

Does the fact that the house was purchased as joint tenants not mean at least a 50/50 split?

What if we were to have a contract?

Thank- you for all opinions
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Old 01-20-2009, 11:03 AM
may may is offline
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I forgot to ad that I took out a second mortage on my house to pay for the vehicals and still owe for them.. Was I a fool???
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