Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

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

Closed Thread
 
Thread Tools
  #1  
Old 01-31-2012, 09:18 PM
salutik salutik is offline
Junior Member
 
Join Date: Jan 2012
Posts: 3
salutik is on a distinguished road
Default How to recover down payment?

I am from Quebec. My girl-friend and I lived together for 5 years. Last year we moved in the new house which we purchased together (we are both on deed). I put 80% and she 20% in down payment. My mom borrowed me 100K, which is included in my part of down payment. Now we go through separation.
Questions:
- do I have a chance to recover my down payment?
- will be money borrowed by my mom taking into consideration as a debt toward the house?

Thanks a lot for your help!
  #2  
Old 01-31-2012, 09:20 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,370
Berner_Faith will become famous soon enough
Default

See this thread... http://www.ottawadivorce.com/forum/f...ivision-11248/

A lot of what you are asking was discussed in this thread.
  #3  
Old 01-31-2012, 10:07 PM
salutik salutik is offline
Junior Member
 
Join Date: Jan 2012
Posts: 3
salutik is on a distinguished road
Default

I have read the thread, but didn’t get my questions answered.

- After all debts toward the house are subtracted, how does it work with remaining equity, everybody gets his/her down payment or it will be splitted 50/50?

- Can money borrowed by my mom be considered as a debt and subtracted as well before splitting the equity?
  #4  
Old 01-31-2012, 10:14 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,370
Berner_Faith will become famous soon enough
Default

Do you have valid evidence that this was borrowed from your Mom and not a gift to you both?
  #5  
Old 02-01-2012, 03:40 AM
salutik salutik is offline
Junior Member
 
Join Date: Jan 2012
Posts: 3
salutik is on a distinguished road
Default

Written on a piece of paper, signed by my mom with no notarization. What can be considered as a “valid evidence”?
  #6  
Old 02-01-2012, 12:07 PM
FightingForFamily FightingForFamily is offline
Senior Member
 
Join Date: Jan 2012
Location: Ottawa, ON
Posts: 994
FightingForFamily will become famous soon enough
Default

The law in Quebec is slightly different than elsewhere as far as I know there is no "common law" in Quebec still.

If you were married, the remaining equity would be 50/50 automatically no matter what contributions were made. Not being married, I believe you would get out what you put in initially. It would make sense that beyond the down payment, the increase in value in the home would be split 50/50 as you were both on the deed.

As for your Mother's loan... if there was no agreement made at the time the money was provided it is very questionable. If you were married, the 100k would essentially be considered to have been spent on a marital asset and would thenceforth have to be split 50/50. I think in this case you may be entitled to it back.

Obviously the first thing to do is consult a family lawyer with these questions.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion re Interim Arrears Support Payment overwhelmed123 Divorce & Family Law 3 09-26-2013 08:27 AM
Actually GETTING the Payment for Section 7 Expenses dazedandconfused2049 Financial Issues 4 10-20-2011 10:15 AM
Payment refused?!? karmaseeker Financial Issues 11 05-29-2011 12:07 AM
My Lawyer is bailing even after I signed a Direction for their payment. Rhonda&Kids Divorce & Family Law 3 03-05-2010 04:33 PM
Equalization Payment dad6041 Financial Issues 2 11-20-2008 09:23 PM


All times are GMT -4. The time now is 03:47 AM.