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CommonLaw separating Owner of House

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  • CommonLaw separating Owner of House

    Hi there

    First time question! I am a 41 year old man and separating from a commonlaw marriage of 6 years. Both of us have kids from previous marriages. None together. The separating could be for a short period or maybe forever just not sure. Kinda a trial. The family home is in both our names. My wife made the down payment from a previous house and I have been making the mortgage payments since we purchased, so for 6 years.
    Now for the questions!!
    If I move out and have an apartment is there any chance that I lose my stake in the family home since I am no longer living their or making payments?? and
    Is she entitled to her down payment money from the beginning plus half of all the mortgage payments that I was making over the years??

    Thanks Scott

  • #2
    as long as the house is in both your names you cannot lose an interest in the house. I would take your mortagage payments that you made as your contribution to the downpayment for the home. I amnot sure of the legal aspect but the moral aspect would be she gets her down payment back. There has to be a formula that is agreeable to you both so you each are happy. Say your payments minus what ever she paid for a downpayment. Any difference would be split half and half with either her owing you some money or you owing her some. This all is IMHO.

    Before you move out make sure you have an agreement in place. Maybe set a time limit that if the separation (trial or whatever) lasts for a period of say a year that the house is either sold or one buys the other out. Make sure you

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    • #3
      Thanks ,,I will have something drawn up. Good idea !
      So it is totally fine not to be financially paying anything at the house while I am living somewhere else? No piece of taxes or mortgage?

      Comment

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