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She won't put my name on the mortgage

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Anonymous Asked:

My wife said if i pay off her credit card and buy some appliances she would put my name on the mortgage. Now she says no after I paid off the card and bought the appliances. Now she wants me out we have been together 16 years - bought our house ten years ago we have been common-law the whole time. She claims me as a dependent on her taxes from time to time when it benefits her. What rights, if any do I have ?

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Stuart Zukerman
5 years ago

Whether your name is on title to the house or on the mortgage or whether you put money down on the house or whether you paid off her credit card or bought appliances is irrelevant. The Family Law Act of BC provides that you are entitled to one half of the equity in the house (subject to each party being entitled to first be paid back whatever pre-relationship money they can prove they put into the equity in the house and the balance of the remaining equity being equally divided).
You are additionally entitled to spousal support (alimony) based on the duration of your relationship and the difference in your annual incomes – in accordance with the Spousal Support Guidelines. Generally on a 16 relationship you would be entitled to roughly 32% of the difference in your annual incomes (divide that result by 12 to calculate the monthly amount of spousal support payable to you. These payments would be taxable in your hands as income and tax deductible to your spouse. You are also presumptively entitled to 50% of all growth in equity in property, savings, investments, pensions, RRSPs, etc accrued, acquired or saved during the relationship and one half of the contents of the house and half the equity in vehicles etc.

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