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Common Law - Division of property

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  • #16
    Here's a situation for ya'll. A woman sells her house and puts all the $ down on a new one with her common law (yes over 3 years together) partner. He puts down nothing but since he fixed up the old house and enabled her to get more $ upon the sale, feels that is his contribution. SHE agrees..I guess.
    He has an argument. If he put labor into the old home, and they bought a new one, he can always make a claim. Doesn't mean it'll fly, but he can try.

    2 years after living in the house, shopping on credit cards (which are in her name due to his lack of credit)to furnish the place,
    Relevant only in terms of amounts owed vs. property valuation. The assets were acquired during the relationship, as well as the corresponding debt. It's a single entry on the balance sheet of equalization.

    The guy gets a rental and proceeds to help himself to whatever he wants in the house while she is at work. This happens for 2 days.
    Why in the world didn't she change the lock after the FIRST day? Document what he took, try and locate a value for them. Usually the way it works is that HE gets to keep what HE brought into things, SHE gets to keep what SHE brought in and JOINT assets are split. The VALUE of the asset would be it's currently value - what's owed on it (for things purchased on credit).

    HE now claims that since SHE changed the locks, HE is not required to pay on the mortgage (his name is on the deed - silly woman) but still is entitled to 50% upon the sale of the house.
    He's about half right. He's moved out, so he's not expected to contribute anything now. HOWEVER, document when he moved out and get an appraisal on the home done ASAP. He'll share in the increase in valuation of the home from the time it was bought to the day he moved out and stopped contributing. You would use that value (net gain or net loss) and it would again, be part of equalization. (or w/e the hell the common law equivalent is)

    HE claims this was told to him by a lawyer....I don't believe it?
    Don't take legal advice from the ex, or the ex's lawyer, goes without saying. Parts of what he's claiming are true, or partially true. Your friend should get some decent legal advice on protecting herself soonest.


    • #17
      Originally posted by CSAngel View Post
      My lawyer said the 3 year thing means nothing.
      Huh? I wouldn't agree with this.


      • #18
        What CSAngel says sorta makes sense...

        If property is owned, whether they meet the 3 year threshold or not, if they both contributed then there are ways that an equalization of some sort will have to take place.


        • #19
          Makes sense for the division of property purposes. You either jointly own stuff or you don't. CL status doesn't really matter.


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