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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 12-12-2011, 10:51 AM
North60 North60 is offline
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Thumbs down What to do about the mortgage

I live i Northwest Territories. I first started dating my ex practically 2 years to the date we split up. He spent almost every night at my house since we started dating (I was renting an apartment). He finally moved in with me in May I think. Then we bought a house. He put his name on the mortgage so I could get the money for the house. I paid all the down payment and lawyer fees. He paid a set amount of money to me every paycheck. We also have 2 roommates to offset the cost of living. I have been the one responsible for paying anything above and beyond what I collect from my ex and 2 roommates. I payed to have a deck built to improve property value. I paid for taxes and maintenance etc.

A couple months ago we had a cohabitation agreement notarized. I found the form on an online law form site (Canadian). I have kept track of all bills paid and money collected. All money was paid by email transfer and all bills were paid with online banking so there is record in my bank statements. We have only been in the house for 14 months. If we sold we would loose a lot of money in penalties and I'm sure the house has not appreciated in a year especially with the home improvements.

When I look at the finances, the total cost of living (minus rental income) I paid over $36,000 on the house since we bought it and he paid $9,200. When we did up the cohabitation agreement we agreed on an equation : (all utilities + mortgage payments - rental income) divided by 2. That would give us our share of the cost of living. Still I paid more than half. I tried to explain this thoroughly to him and he agreed to it. We had it notarized. Also the agreement states that the property would go to me if I could assume the mortgage. all costs associated to assuming the mortgage are my responsibility. If I can't assume the mortgage we would sell and all profit or loss of the sale of the home are my responsibility.

Now when we split, he wanted off the mortgage ASAP. I made all the bank appointments and contacted the lawyer to transfer the property title. I got preapproved to assume the mortgage and now I'm trying to set an appointment for me and my ex to sign the papers. Now my ex is saying he doesn't have time, "maybe in the new year", he won't answer my calls or texts to try and find a good time for an appointment.

I think the agreement has been fair. I tried to come up with some equation where he would get money back but this equation is only getting him $74! He said he would get $750 or $500-600. I told him in person last week that if that would make him happy I would give him $500. I have a suspicion that he is waiting for his brother to look at our agreement when he is here at Christmas.

Have I been unfair? Is he entitled to more? When I paid $36000 and he paid $9200 I don't see how I owe him money. We have only been in the house for 14 months! We would not make money if we sell...we would pay! I'm afraid that he will refuse to sign the papers and my pre-approval will lapse. How can I make him transfer the title. Should I be calling a lawyer or wait to see what he does? I'm afraid I will loose my house, have to pay him and lawyers and mortgage penalties and go bankrupt. I'm really scared. Also can he wait till the house appreciates and then sign the papers to get more even though he only contributed for a year?

Last edited by North60; 12-12-2011 at 10:52 AM. Reason: add jurisdiction
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cohabitation agreement, common law, separation agreement

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