Real Estate

How much would this breakup cost me?

  • Last Updated:
  • Sep 12th, 2021 9:57 am
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[OP]
Newbie
Dec 10, 2020
10 posts
7 upvotes

How much would this breakup cost me?

Just trying to prepare for the worst.. obviously I will seek professional legal advice at the time.

Regretfully co purchased first house with girlfriend of 4 years. Now just 5 months after the purchase realizing this isn’t going to work. Lived together for majority of those 4 years at previous rental house.

I provided 100% of the down payment/closing costs and used the rrsp first time buyer program. I also purchased several big ticket items (furnishings) without her assistance upon moving in.

We have made 10 mortgage payments. Our mortgage payments include our property tax. She is currently paying less than 1/4 of the payment.

I do not suspect the value of the home has increased any in the time we have been here.

So how would this play out?
48 replies
Deal Expert
User avatar
Jan 27, 2004
46736 posts
9838 upvotes
T.O. Lotto Captain
hunnni83 wrote: Contact a real estate lawyer for advice
Slight adjustment.

Family law might be more appropriate.
Also what province? Family law is different by province.



“Common law couples are not legally required to split property acquired when they lived together.

Furniture, household items and other property belong to the person who bought them. Common law couples do not have the right to split an increase in value of the property they brought with them to the relationship.

If you contributed to property your spouse owns, you may have a right to part of it. Unless your spouse agrees to pay you back, you may have to go to court to get back your contribution.

Although there is no requirement to divide property on separation, common law spouses may choose to enter into a domestic contract such as a cohabitation agreement or separation agreement that sets out their respective rights to property.”

Source :
https://www.ontario.ca/page/dividing-pr ... #section-3

Perhaps a bit of both actually. Family & real estate law.

Whats on title? 50/50 ownership? Or did you do a different percentage split because you put the down payment?
Did y’all talk it out?
Does she want 50/50 ?
Gotta talk it out and see where to go from there.

If she wants 50/50 and title is 50/50…
You might have to sue and provide proof you provided 100% of the downpayment and made most of all the payment. Perhaps a judge may rule in your favour. Only maybe though…
Deal Addict
Jun 14, 2018
1084 posts
1241 upvotes
I don't have any advice, but just wanted to say good luck to you and hope you get back everything that you paid into it as stuff like this can get pretty messy after a breakup.
Deal Fanatic
Mar 27, 2004
5846 posts
3763 upvotes
Toronto
I pray for you
Full-time Realtor
Sr. Member
Jan 21, 2011
810 posts
334 upvotes
GTA
Can you manage the house without her? Offer to buy her out.
Sr. Member
Mar 10, 2014
632 posts
511 upvotes
Best advice to you is cut your losses. Regardless of common law, I suggest that you split 50-50 and walk away. Not worth hiring a family lawyer and go through the nonsense of fighting what is yours and what is hers and have the lawyer eat away at what you have ($500/hr). 98% of the family lawyers are there to drain down your net family assets before settling. You are young and you will recover. Luckily you caught this early. The next time, do a pre-nup (or legal document) of anything before getting involved in any financial dealings with another person.

Been there, done that. Never again.
Deal Expert
Feb 29, 2008
15121 posts
11612 upvotes
Tarrana
lamin wrote: Can you manage the house without her? Offer to buy her out.
She has paid for nothing but owns half? Hopefully she doesn’t act like a douche. Hope you learn from this OP.
Sr. Member
Mar 10, 2014
632 posts
511 upvotes
JayLove06 wrote: She has paid for nothing but owns half? Hopefully she doesn’t act like a douche. Hope you learn from this OP.
If OP wants to fight it out in Court, it will be just paying lawyers until they are drained out. Depending on how "demanding" the other side is, he may have no choice. I understand both the common law and "married" laws, in the end, it's up to the two parties to sort out. The fact that there are no kids involved, this is just an asset separation.

If both put their names on the title of the property, then it's joint and hence the problem. If OP was sole title, then this would be different situation.
Deal Fanatic
Jul 3, 2011
6147 posts
3322 upvotes
Thornhill
With regard to the house it depends on how ownership is registered on title. If it's joint ownership you both have full rights to it, so on sale it's split 50/50 or one buys the other out for 50% unless you come to some other agreement , the stuff that you bought is yours so yes, absolutley seek the assistance of a family law attorney.
Sr. Member
Mar 10, 2014
632 posts
511 upvotes
A real estate lawyer will direct you to a family lawyer. They don't deal with a family issue. Lawyers help lawyers! Do your own due diligence. Good luck!
Last edited by jmc111 on Sep 6th, 2021 11:06 am, edited 1 time in total.
Deal Addict
Nov 2, 2014
1070 posts
412 upvotes
Scarborough, ON
She owns half of the house since it was legally co-owned.

Lawyer up immediately if this is a non troll thread.
[OP]
Newbie
Dec 10, 2020
10 posts
7 upvotes
Thanks for the replies.

Just to clarify, both our names are on the title and this is in Ontario.

My intended outcome is to keep living in the house and refinance with just my name on the title.

I think I will offer to pay her back the minimal amount she has contributed to the mortgage and see if she will go away quietly.
Deal Addict
Sep 6, 2017
3913 posts
2495 upvotes
wsard112 wrote: Thanks for the replies.

Just to clarify, both our names are on the title and this is in Ontario.

My intended outcome is to keep living in the house and refinance with just my name on the title.

I think I will offer to pay her back the minimal amount she has contributed to the mortgage and see if she will go away quietly.
That sounds like a great plan, if she will go quietly.
Good luck and avoid the same mistake next time.
Deal Addict
Mar 27, 2015
1539 posts
655 upvotes
Thornhill, ON
Former family law legal secretary here. This is a family law issue because you're dealing with splitting property. You need a family law lawyer.
Sr. Member
Apr 30, 2013
777 posts
440 upvotes
King City
Reminds me that our Family Act is outdated and disproportionately favours women. Need to push our MPPs, although I doubt anything will change.
Deal Addict
Mar 2, 2017
2182 posts
3858 upvotes
Toronto/Markham
wsard112 wrote: Thanks for the replies.

Just to clarify, both our names are on the title and this is in Ontario.

My intended outcome is to keep living in the house and refinance with just my name on the title.

I think I will offer to pay her back the minimal amount she has contributed to the mortgage and see if she will go away quietly.
Do the math for what you'd have to pay her as a worst case scenario + your lawyer fees, then calculate the minimal amount she has contributed to date, find a number between these two to entice her and hope for the best. Offering her minimum could go very wrong if she knows she is 'owed' half and will just make a bad situation worse. You know her better than anyone, but even 4 years after living together I've seen people become vultures when it comes to money.

Good luck, update the thread when this is settled.
Realtor, Investor, CPA - Collaborate with like minded people
Deal Guru
User avatar
Mar 23, 2008
12651 posts
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Edmonton
freeforall wrote: Reminds me that our Family Act is outdated and disproportionately favours women. Need to push our MPPs, although I doubt anything will change.
1) You’re assuming the OP is male
2) You’re assuming the same laws wouldn’t apply if the situation was reversed.

C
Deal Fanatic
Jul 3, 2011
6147 posts
3322 upvotes
Thornhill
wsard112 wrote: Thanks for the replies.

Just to clarify, both our names are on the title and this is in Ontario.
But how? There is Joint Tenants and there is Tenants in Common. There is a difference.
Deal Expert
Feb 29, 2008
15121 posts
11612 upvotes
Tarrana
cristianosham wrote: That sounds like a great plan, if she will go quietly.
Good luck and avoid the same mistake next time.
She’s not going to go away with that but it’s worth a shot. Her friends and family are probably telling her she owns half and should be paid half.

OP were you able to buy on your own when you first bought? If so, I wouldn’t have put her on the mortgage. She’s getting a wonderful deal. Does not contribute to the DP, and pays 1/4 of the expenses. Where do I sign up for that? 0% down and owns half the house.

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