1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Can I get half of the increased value?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

We bought the new townhouse ($500,000) together. I stayed as home maker for 10 years. He was the only income source. He put the all down-payment. We are now split up. I moved out. He lives at the townhouse. Now the property worth 600,000. If he sells the house, can I get the half of the increased value? Thanks for your help.

Expert Comment:

Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments
A Family Lawyer
6 years ago

I assume you are not married, but title was taken in the joint names of the spouses. If you are on title, then you may seek to sell the property. If not on title, then your claims may be limited to an interest in value in the property. Whether the property is sold or not, assuming your contributions as home maker assisted him to work and come up with the monies for the home, then you may have a claim for the increased value of the townhouse. However, you may not have contributed to the down payment and perhaps he would have those monies to do so from prior to the relationship. You should consult with a lawyer of your choosing to discuss the concept of presumption of advancement and principles relating to resulting trust and joint family venture. One would need to assess all of the financial circumstances of the parties throughout the relationship.

Latest Questions Asked:

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

DC Icon

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my ...

DC Icon

RESP

How is the remaining contribution room of a child's RESP shared (assuming an RESP is started but contributions are less than the maximum $50k per beneficiary) if no stipulation was made in the separation agreement? (Note: also assuming each parent cont ...

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