Legal Question in Family Law in Canada
Am I entitled to anything
My common law husband and I purchase a home one year ago together, both our names are on the deed as well as the mortgage and property taxes. It looks like we may seperate in the near future and I am wondering what I am entitled to financially from the home? He has indicated if we seperated he would keep the house but I would rather it be sold and what ever is left over after paying off the mortgage be split 50/50. He says I get nothing according to his friend who is a lawyer.
1 Answer from Attorneys
Re: Am I entitled to anything
You have addressed this question to a British Columbia law firm, and as noted on the LawGuru website, all questions must be answered with reference to BC law. The law varies from Province to Province, someties dramatically.
We are not sure where you are located, but in British Columbia the concept of a "deed" to real property is not used. In BC you are presumptively entitled to 50%, assuming that you ech contributed about the same to the acquisition of the property and its upkeep (contributions can be in money, or time, labour and effort including housekeeping, cooking, household managment and chores, etc., or a contribution of money and such services). Services are considered to be a contribution of value equivalent to money.
Either one of you can buy the other out by paying 1/2 of the assessed value (assessed by an appraiser, NOT the assessed value for tax purposes, minus mortgages, taxes and utilities) and if you can't agree then the Supreme Court of British Columbia will normally order a sale and the proceeds (after payment of mortages, taxes, and utilities) divided equally. If your contributions of money and money's worth are not roughly equal then the sitution is more complex; too complex for a summary advice website such as this.
In any event, you should see a family law lawyer right away. You can get a referral by calling the BC branch of the Canadian Bar Association Lawyer Referral Service, adn you can see a lawyer for an initial consultation of $25.00