1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

I contributed more to our house deposit, do we still split it 50/50?

Anonymous Asked:

My partner and I are separating. At the time we bought a house, I put a much larger portion of the deposit than she did but the house is co-owned. We have no agreement and nothing is mentioned on the deed of sale. Can I deduct my larger portion from the amount owed to her in giving her the portion she is owed? Thank you.

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Andrew Heft
10 years ago

The difficulty with your question is that many factor actually affect the answer. I will therefore give a general overview of the rule and suggest you seek legal counsel for an answer suited to your exact situation.

The wording of your question indicated you are in a common-law relationship. Without an agreement, you are presumed 50/50 owner with your spouse. It would therefore be expected that you contribute to 50% of the expenses.

What must be remembered is that there is a distinction to be made between your right of ownership and the actual loan (guaranteed by mortgage). When you paid the down payment on the house, you technically paid off part of the loan for which, unless specified otherwise, you are 100% responsible for. There would then be no legal justification for claiming your down payment since the down payment had nothing to do with actual ownership of the house.

That said, there are legal mechanisms that would permit you to recuperate the down payment based on unjust enrichment. It must be noted however, that this remedy is not often available to common law relationships.

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x