I'm looking for advice on asset division. I'm in a common law relationship and there are 3 properties each having

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Customer: Hi, I'm looking for advice on asset division. I'm in a common law relationship and there are 3 properties each having mortgages jointly held.
JA: What province are you in? It matters because laws vary by location.
Customer: Ontario
JA: What steps have you taken so far?
Customer: We are attempting to resolve property evaluations and I've put all our assets and liabilities in a spreadsheet. I've also indicated in the sheet the down payments for each person and other things to be taken into account.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, need advice on what best method is to determine a fair market evaluation of a recently built property (purchased 2017 from builder). Common law partner received information from a realtor indicating that if the builder still has the same model available to use that price + 50% of the upgrade costs. Should we obtain 2 other appraisals? If so, then do we take an average if the 3?
Answered by Debra in 5 mins 3 years ago
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Debra
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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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Debra
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174776 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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174776 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear that you are in a difficult situation.

You can agree on how to valuate the property. However, if this were to go to court you would need to retain a professional valuator to evaluate the properties properly so that the court can make an informed decision based on an expert's opinion.

So you can agree to take the average of 3 different appraisals but if you end up having to go to court the best route would be to try and agree on one unbiased professional valuator that does valuations that will stand up in court.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Thank you this is the information I've been looking for. I am looking to stay in the home that I am in now which has a pretty hefty mortgage on it
Customer
due to the fact that we borrowed 88K from equity to put as a down payment for an investment property which is currently being rented out. I prefer to g
Customer
et my share of the borrowed equity back to reduce the mortgage on the home I intend to stay in. What can be suggested to make this happen?
Customer
We both put down roughly about the same against the property that we live in right now. He 75k , me 107k. Do these values come into consideration only
Customer
after we have determined all the assets minus the liabilities?
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