My daughter and I bought a house together!!! She lived there with her boyfriend and 2 children!! They are now

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Customer: My daughter and I bought a house together!!! She lived there with her boyfriend and 2 children!! They are now separating!!! His name isn't on that house does he have any rights????
JA: What steps have you taken? Have you filed any papers in family court?
Customer: They have agreed on a Separation they've both signed where the children are concerned but not for the house!!! My daughter wants to live there and buy him out but he said absolutely not!! His name isn't on deed of house at all
JA: Family law varies by state. What state are you in?
Customer: Ontario Hamilton Ontario canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He's paid for half of down payment, half of all renovations but name not on house at all!!! She's not disputing giving him half of house sale but shed rather buy him out and stay there with children!!! I'm repeating myself now lol tyvm
Answered by Timothy in 1 hour 2 years ago
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Timothy
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Timothy
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Timothy
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Timothy, Expert

Hi there. My name is Timothy. I am a lawyer from Ontario. I want to ask a few interim questions.

I just want to confirm that your daughter in not legally married.

What is the approximate sum he paid in renovations and down-payment. What is the approximate value of the house?

Customer
No not married, $12000 for down payment and renovations and is listed for $450,000
Customer
She paid the same!!!
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Timothy, Expert

Did you put money into home as well?

Customer
No
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Timothy, Expert

Ok. You said that you bought the house together with your daughter. Are you on title and the mortgage?

Customer
I also wanted to mention he has his address elsewhere not even at the house where they resided on and off
Customer
I'm only on there for co-signing thats it 1%
Customer
Mortgage only I think
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Timothy, Expert

One more question before I give you an answer, why wasn't the boyfriend on title of the home?

Customer
No money barely a job
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Timothy, Expert

Ok. If you are on the mortgage, you should be on title of the house as well. If you were only guaranteeing the mortgage, you likely are not on title.

When common law spouses separate, some things are different than married couples. Common law couples do not share the same property rights that married couples do and their solely owned assets are not divided. In other words, when your daughter and boyfriend separated, she keeps the assets she owns and he keeps the assets he owns. Your daughter does not automatically owe her boyfriend any money for the house as it is her asset. Additionally, since they are not married, he does not have an automatic right to live in the house.

That said, the boyfriend put $12,000.00 into the house, which is, as you said, the same amount your daughter put into the house. He would likely make a claim that he has a interest in the house even though he was not on title. The onus is on him to prove that he is entitled to share in the proceeds of the house. Determining if he has a trust interest in the house is ultimately a decision that a judge would make.

You have stated that your daughter wishes to "buy him out". Technically, she would not be buying him out as he does not have an interest and he is not automatically entitled to house. That said, an agreement whereby at least his $12,000.00 investment is returned, is not unreasonable in the circumstances you set out. At this point, your daughter is entitled to live alone in the house with the children. She is not required to sell the house. If she wishes to offer him some money so he releases any claim he has on the house, she can do so while still living in the house. If he wanted the house sold or wanted more money, he would have to commence an application in to obtain a order to that effect. Assuming he is living elsewhere, she should keep the house, offer whatever she wants to have him waive any claim and let him take further steps if he is unhappy with her proposal.

Customer
Tyvm for your time!!!!
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Timothy, Expert

Happy to help. I would ask that you please take a moment and leave me a 5 star rating at the top of the page or by following the instruction in the email that was sent by JustAnswer. Your rating allows me to get credit for our conversation. As always, if you need clarification on this question, please feel free to ask!

Customer
Ok thank you!!!! Have a great day!!!
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