Common Law Assets

[rwootan]

Hello,
If a house in in my common law partners name and I have contributed to the mortgae payments (over $120,000.00), am I entitiled to be reimbursed for those monies. We have been together over 19 years.
Thank you

[Mess]

In a common law relationship your assets aren't shared EXCEPT the matrimonial home, or any assets that you have both contributed to. Your house qualifies under both reasons.

[rwootan]

In a common law relationship your assets aren't shared EXCEPT the matrimonial home, or any assets that you have both contributed to. Your house qualifies under both reasons.

Hello Mess,
Bob here.
There was a "pre-nuputual" type of agreement signed by both parties.
2.3 If property is puchased or otherwise acquired by the parties together, it shall be owned in shares proportionate to each party's financial contribution to the purchase or acquisition.
2.4 Neither party shall have the right to compensation for any contribution, wheter by work, money or money's worth in respect to the acquisition, management, maintenance, operation or improvement of any property in which the other has or had an interest, not to an interest in the property in respect of any contribution.

Doe this precluse me from claiming my contibution of about $120,000.00 to the mortgage payemnts? As well the house has increased invalue from about 270,000 to 540,000.
Best regards,
Bob

[Mess]

On the surface those clauses look like they contradict each other. The second clause 2.4 seems to refer to properties one party "has or had" an interest, which likely means property owned before the relationship. So in simpler words, if you owned it bringing it in, and your ex put some money or labour into it, it is still yours.

2.3 says a property you buy together, you each own in proportion to the money you put in. If you put in $120k, but keeping in mind those were mortgage payments, which means you paid interest, right? Your ex must have contributed a fair bit, or do you still have a large outstanding mortgage?

In either case you will have to work out what you each paid, and divide the value of the house now, $540k according to your shares.

[rwootan]

On the surface those clauses look like they contradict each other. The second clause 2.4 seems to refer to properties one party "has or had" an interest, which likely means property owned before the relationship. So in simpler words, if you owned it bringing it in, and your ex put some money or labour into it, it is still yours.

2.3 says a property you buy together, you each own in proportion to the money you put in. If you put in $120k, but keeping in mind those were mortgage payments, which means you paid interest, right? Your ex must have contributed a fair bit, or do you still have a large outstanding mortgage?

In either case you will have to work out what you each paid, and divide the value of the house now, $540k according to your shares.

We did not buy the property together. She bought the property and I contributed 700.00 per month for 17.5 years to the mortgage. We co-habitated the house except for the last ten months, where I moved to a converted upstairs suite.
Can I still get some or all of the money I contributed. It would be a bonus if I could get a proportional part of the increase in value.

[billiechic]

Did you contribute to the mortgage or pay rent? I think she could argue for rent, so be prepared for that. Did you put the money directly into the mortgage from your account? Did you put it in her account? the one the mortgage comes out of? Did she give you receipts?
How did you file your taxes? Do you have kids together? There is a lot of information to support your claim to your share of the house. 19 years is a long time to walk away with nothing. I think you have a good chance.

[rwootan]

Did you contribute to the mortgage or pay rent? I think she could argue for rent, so be prepared for that. Did you put the money directly into the mortgage from your account? Did you put it in her account? the one the mortgage comes out of? Did she give you receipts?
How did you file your taxes? Do you have kids together? There is a lot of information to support your claim to your share of the house. 19 years is a long time to walk away with nothing. I think you have a good chance.

She says I paid rent, but the oral agreemnet was that we could not afford to live in the house (ie stay where were apying rent) unless I helped with the payments. I consider it rent when I moved upstairs and we stopped sharing the house. I paid here $700.00 per month and sometime a lump sum. SHe will not dispute the monies I contributed. We filers out taxes separately, no children. Thank you for your opinion!
Best regards,
Bob