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Can I get half of the increased value?

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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.

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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.

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