Thanks for the advice Dad
Unfortunately, he is proposing we either get a certified appraisal and I buy him out for 1/2 the appraised value or immediately put house up for sale, and there is no stipulation as to what happens after sale...I would expect the mortgage by paid out and we split the difference, but at this point I would also expect he assumes we split the difference before mortgage paid out and I am left with nothing.....the mortgage is only 72K at this point, but if we are able to sell house for 140k, then I would be left with only enough to pay off mortgage. This is why I feel I need to prove we were infact common-law even with only 18 months living together!
Point of interest, the lawyer, at the time of doing up the Deed with his name on it, 2006, put on the Deed that The parties were spouses as defined in the Family Law Act and therefore no tax was payable. I understand the difference between CCRC requirements for common-law and the Family Act requirments, however if the lawyer is quoting Section 29 of the Family Act on the Deed, then perhaps it gives me a leg to stand on. We also hold the vehicle lease 2005 in both our names as well as the insurance on the vehicle. I believe all that points to the relationship as being a Permanent Relationship, and more than simply joint tenants.
Then we look at the kids. My kids, however he did act as Parent in Loco. Signing school forms, attending Mental Health Meetings for my son with me, and being referred to by the kids as their step-father. Again, a permanent relationship, even though we were only living together 18 months, the other issues go back 4 years.
Just some of the thoughts whirling through my brain at this point!
Unfortunately, he is proposing we either get a certified appraisal and I buy him out for 1/2 the appraised value or immediately put house up for sale, and there is no stipulation as to what happens after sale...I would expect the mortgage by paid out and we split the difference, but at this point I would also expect he assumes we split the difference before mortgage paid out and I am left with nothing.....the mortgage is only 72K at this point, but if we are able to sell house for 140k, then I would be left with only enough to pay off mortgage. This is why I feel I need to prove we were infact common-law even with only 18 months living together!
Point of interest, the lawyer, at the time of doing up the Deed with his name on it, 2006, put on the Deed that The parties were spouses as defined in the Family Law Act and therefore no tax was payable. I understand the difference between CCRC requirements for common-law and the Family Act requirments, however if the lawyer is quoting Section 29 of the Family Act on the Deed, then perhaps it gives me a leg to stand on. We also hold the vehicle lease 2005 in both our names as well as the insurance on the vehicle. I believe all that points to the relationship as being a Permanent Relationship, and more than simply joint tenants.
Then we look at the kids. My kids, however he did act as Parent in Loco. Signing school forms, attending Mental Health Meetings for my son with me, and being referred to by the kids as their step-father. Again, a permanent relationship, even though we were only living together 18 months, the other issues go back 4 years.
Just some of the thoughts whirling through my brain at this point!
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