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  • Common Law-Division of Property (house)

    I have been living common law with my partner for only four months and he has decided that he is not happy and would like to separate. We purchased a home together in which he put down 60% and I put down 40%. Our home is paid off. We both own the home (joint tenancy) and I was wondering if he does leave am I entitled to 50% of the home or not? I have a 10 year old daughter and we moved in together planning to build a life together as a family. I do not want to have to move out of our house and uproot my daughter as she just started at a new school and is just getting adjusted to our new life, so my intention is to buy out his share but I don't know what my rights are.
    Also, the value of our house has decreased by about 10-20 thousand dollars. He still wants his 60% of what we paid for it when we purchased it back in February.
    My last question is that he said he will not leave the home until the financials are figured out and agreed upon. I don't know how long this will take and I don't want to live under tension in the presence of my daughter. Is there any way I can have him stay elsewhere until this is resolved (he is able to stay at his parents house if need be)? I don't feel comfortable with him in the house and don't want to feel like I am walking on eggshells until this is resolved.
    Thanks,
    Michey

  • #2
    After such a brief common-law relationship, my guess would be that you would ordinarily be entitled to get back what you put in (your 40%) plus 50% of any increase in value since date of purchase. But because your home has lost value, that won't work for you. A reasonable thing would be to divide it up the existing value in the same proportion as you contributed. So he would get 60% of the remaining value, not quite the same as his original contribution back like he's asking for. But why should he still get back 60% if you would only get back 40%? Ask around at financial institutions to see if you can get a mortgage for that amount, and if so, you can offer to buy him out. If not, hopefully you can afford a home in the same neighbourhood if he buys you out, or you end up selling and dividing the proceeds. That way, it's less upheaval for your daughter because she can stay in the same school, even if she has to move houses again so soon. The important thing here is to make reasonable and fair offers, so that if it ends up messy in court, you appear to be the rational one.

    There is something about applying for exclusive possession of the matrimonial home, but I don't know if that only applies to legally married couples who separate. Other people, or a Google search, should turn up more information on that. If it applies in your case that would get him out of the home even though the financials aren't done. It sounds a bit like he's trying to manipulate you into agreeing to his unfair division idea by refusing to leave until it's done.

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    • #3
      Thank you for your advice and suggestions...it is greatly appreciated! I feel worried just because the laws pertaining to common law are not black and white and I don't want to end up in an expensive legal battle.

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