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Just doesn't seem fair!

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  • Just doesn't seem fair!

    I have recently ended my 6-year common-law relationship. Three years ago, I decided to go back to school and received OSAP funding. I decided to purchase a mobile home with my funding rather than waste the money on rent. My spouse was the one who called the real estate agent and put the offer to her, so his name went on the bill of sale and mine was added to the deed. Now that we are seperating, he claims that he is entitled to half the property. I'm just wondering if there is any way around this since it was actually my OSAP that purchased it and I am held accountable to pay back that loan, not him. I mean why should I have to pay back my student loan AND have to pay him half of something he doesn't have to pay back???

  • #2
    I could be wrong but I think the DEED is the important instrument and your home is yours alone.

    lv

    P.S. Welcome to the Forum!

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    • #3
      Did you purchase the mobile home outright? If not who paid the mortgage payments?

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      • #4
        Thank you for the welcome ! The deed does have both our names but I do have proof that the OSAP was issued to me and put into my (sole) bank account from which a bank-draft was issued to the lawyer for payment of the mobile home. I'm hoping that will be enough proof.

        Any advice or opinions welcome please!

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        • #5
          Yes I purchased it outright with my OSAP loan. No mortgage.

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          • #6
            Also, maybe worth the mention, just over a year ago, we had some debts that needed to be paid up so we sought out a private loan ( a lien was placed on the mobile home). The loan is in both our names but I make the payments out of my monthly NCBS and they are taken from my bank account each month.

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            • #7
              Originally posted by sherrijones70 View Post
              ...I mean why should I have to pay back my student loan AND have to pay him half of something he doesn't have to pay back???
              Sounds logical, what does he say in answer to this statement?

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              • #8
                He says he doesn't care he is not leaving with nothing and he is going to take half of everything because he wants me to hurt as much as I have hurt him (meaning that I was truthful with him about "not being in love with him") even if it means that I have to sell and move into a 1-bdrm apt. with 3 kids

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                • #9
                  I don't think he stands much of a chance to get half of the mobile home.

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                  • #10
                    I don't think so either, but he seems pretty sure of himself. And I mean I was trying to be nice. I have two vehicles in my name and I told him he could have them both and anything he wanted in the home (aside from the kid's stuff) as long as he left me the house so I would have a home for my kids.

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                    • #11
                      why would you let him handle the deal if you were the one buying the home? I take it he lived there with you for a while? If he did, did he contribute to any of the household expenses

                      Question for others, if they lived there together in the mobile home and he was paying bills, could he not use the argument that he supported the family so they as a couple decided to use the OSAP money for the purchase of the home with him taking care of all other expenses while she went to school?

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                      • #12
                        I was visiting at my parents house when he noticed another couple being shown the house. He called to tell me that and I told him to hurry and call the real estate agent and put our offer in before the other couple put one in. That's how he got his name in there in the first place.

                        I do understand your point as far as, if he contributed by working and taking care of the family, should he not be entitled to his share. As embarrassing as it is to admit, almost 4 out of the 6 years we have been together, we have been on social services, because he can't keep a job.

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                        • #13
                          Just a quick update for anyone who may be interested or who may happen to come across the same bizarre situation that I find myself in right now, I have seen a lawyer now and apparently, IF my OSAP loan had been paid, then chances are we would have to divide the home equally as it would be hard to prove who actually made the payments on the loan BUT since I haven't started to pay on the OSAP loan yet, it is a debt that I still owe on in its entirety and it is my sole responsibility to pay back, therefore the home is mine. I will just need to see a real estate lawyer to "buy it back to myself" moreless.

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