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Am I entitled to get half of the property or just part of it?

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Anonymous Asked:

hi,
my husband and i have been married for almost 10 years.he got a house before he married me. after the marriage he was paying the mortgage 3 more years before it was paid off. we'll go through making a separation agreement legal paper. my question is am I entitled to get half of value of property or just part of it?. because he got the property before the marriage. i will appreciate the answer thanks..

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Stuart Zukerman
5 years ago

Under the Family Law Act of BC, based on your facts, you are entitled to half of the growth in the equity in the house from the date of cohabitation until you are paid out your share. Your husband is presumed to be entitled to 100% of the equity that existed in the home as of the day before the cohabitation began plus 50% of the growth in equity from that date until the date he buys you out (or until the date the home is sold).

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