Legal Question in Family Law in Canada

Common Law purchase of mobile home

My daughter and her boyfriend purchased a mobile home for $3500.00. We have helped them with necessary renovations which to date total $1000.00. Once renovations are completed, the home should be worth approx $25,000.00. She has contributed approx $600.00. If they split, does he simply pay her for what she's contributed or do they have the home appraised and he would pay her 1/2 of the appraised value?


Asked on 7/21/04, 11:23 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Common Law purchase of mobile home

There is really no answer to your question without a great deal more information; some of the information that you should provide is:

1. the date they began living together

2. whether or not there were any contracts or agreements governing what would happen in the event of a separation (made before or after the purchase of the mobile home)

3. whether or not there are any contracts or agreements between them and you about the money you have contributed

4. all details of the purchase and registration of the mobile home - the agreement of purchase & sale from the previous owners and the registration details when your daughter and her boyfriend registered it at the mobile home registry

5. the fact that you refer to your daughter's partner as a "boyfriend" and not husband (a common law partner is generally referred to as "husband" even though not legally married) indicates to me that perhaps they are not regarded as "common-law", but something less

There are many more facts that a lawyer would have to know before giving a definite answer, but the biggest determinant is going to be the history of the relationship and how the couple acted with their finances, household duties, child-rearing responsibilities, etc. as viewed at the time of a separation in the future. In other words, even with all the facts, it may not be possible to give a definitive answer about a future event because it depends on the history yet to come.

Most lawyers will give a half-hour consultion at no cost or at minimal cost. I suggest that you and your daughter and son-in-law consult one to see what the obligations and rights of each of you are. There are many fine lawyers in Kelowna.

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Answered on 7/22/04, 1:07 am


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