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The Issue:
I put down a $20,000.00 deposit as a down payment on a house my common law and I bought together 5 years ago. It was a gift from my father. In order to get a mortgage together, we had to present a gift letter to the bank that the money from my father was a gift to me.
He put down 7 thousand dollars as a deposit.
The house was in both our names.
He paid the mortgage and the property taxes. I paid half the utilities.
We are splitting up now, and i am requesting half the equity plus 20,000.00 more due to resulting trust. In law, it is presumed that i am giving him the money in trust and that he is supposed to pay it back.
His lawyer is saying that i am not entitled to it back, as My lawyer says i have a case for resulting trust.
Is the onus on me and my lawyer to prove it wasnt a gift or to him and his lawyer that is was a gift from me and was never meant to be paid back. Does his paying the mortgage and the taxes prove he doesnt have to pay it back.
Does anyone know.
I put down a $20,000.00 deposit as a down payment on a house my common law and I bought together 5 years ago. It was a gift from my father. In order to get a mortgage together, we had to present a gift letter to the bank that the money from my father was a gift to me.
He put down 7 thousand dollars as a deposit.
The house was in both our names.
He paid the mortgage and the property taxes. I paid half the utilities.
We are splitting up now, and i am requesting half the equity plus 20,000.00 more due to resulting trust. In law, it is presumed that i am giving him the money in trust and that he is supposed to pay it back.
His lawyer is saying that i am not entitled to it back, as My lawyer says i have a case for resulting trust.
Is the onus on me and my lawyer to prove it wasnt a gift or to him and his lawyer that is was a gift from me and was never meant to be paid back. Does his paying the mortgage and the taxes prove he doesnt have to pay it back.
Does anyone know.
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