How far back does it go?

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IDislikeHer

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Hello,

much like everyone else, I'm just trying to figure some things out.

I've been living common law for almost 4 years and we have a 3 yr old child. We've owned two houses together and now that the relationship is over we've sold our current house and are arguing over the division of profits.
When we sold our first house (about a year ago) we used the profits to pay off all of my debt (there was more of it, and it was a condition of mortgage) and some of hers. We never paid off any of the RRSP's I took out for the down payment. Now she's claiming that she's due to receive more from the profits on the second house because I got my debt paid off from the first house.

Does she have any ground to stand on? She hasn't talked to a lawyer yet, but I think she's in for a surprise.

She makes 20K less then I do and since our daughter will be living with her I'm paying the CS and half of the daycare. How do expenses for extracurricular activities get divided? Is it 50 - 50, or what?



Never get married....
 
she gets half of the profits from the house. You said that you paid off your debts from the profits from the first house. Did she get an equal amount of the profit the first time? If she didn't then the fair thing to do is to figure out how much she should have got the first time and that is her money. Then for the second house you should get the money for the RRSPs that you used and the rest should be split evenly. That way everything is fair to both parties.

I take it you never had a written agreement with her about getting your money back for the RRSPs? One thing to remember, she may be in for a surprise, but you may also.
 
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Thank you.

Does it at all matter that I paid a higher percentage of the monthly bills during our whole relationship?
Does it matter that I am stuck with an expensive vehicle that I cannot sell because the loss on it would be too big?
Lastly, how much does "fair" matter if lawyers get involved?
 
you bought an expensive car knowing the cost of it so that doesn't matter. As for the bills your higher pecentage was probably because you had the higher earnings.

I cannot see special expenses getting split 50/50 considering you make 20k more.

Fair is never a word to use in family law. What seems fair to one may not seem fair to the other person. No one is ever happy .
 
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