Do you help with common law separation in Canada? I don’t think we need to file any papers in the province we are in

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Customer: Do you help with common law separation in Canada?
JA: What steps have been taken? Have any papers been filed in Canadian family court?
Customer: I don’t think we need to file any papers in the province we are in (Alberta) I just want to make sure we are dividing the assets correctly and we both jointly own our house we just sold
JA: Have you talked to a lawyer about this yet?
Customer: I have not
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: all is very amicable and peaceful. I just want to make sure I am protected financially. That’s all :) Customer: Chat is completed
Answered by Debra in 31 mins 1 year ago
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Debra
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

What is your specific legal question please?

Customer
Hi Debra,Thank you for working on my question. Text works just fine for me.My partner and I have been together for 7 years and bought a home together in Edmonton
, Alberta, Canada 4 years ago. We both put down the same amount for down payment as well as split the bills exactly 50/50. I was laid off November 2019 and didn't work again for over a year but continued to pay my 50% by October 2020 we agreed I would pay 30% instead of 50% because his salary was 100K and mine was zero. I paid 30% October and November. We then separated end of November. I went to Seattle for December and we then spent January and February preparing our house for sale. I then got a job in Vancouver and moved March 1st. We just sold our house yesterday. Although all is extremely amicable and we speak daily he is now telling me that I have to pay him for half the bills for December- May. I am curious what I am legally supposed to pay given that I moved out. I understand I own half the home but it seems absurd for me to pay rent in Vancouver and pay half the bills in Edmonton. He wants to take what I "owe" him from my share of the house profit.Sorry for the long backstory.What do I actually owe him if anything at this point?
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Debra, Expert

He is not correct.

After you separated you would not pay any utility bills. You would owe mortgage payments and property tax payments. But he would owe you 1/2 of fair market value rent. He is living in a home that you jointly own.

Does that help?

Customer
Wonderful, This does help, thank you! ***** is living in the home we jointly own.So I legally have to pay half the mortgage and half the property taxes for the 6 months (dec-may) approximately $1200 a month X6 months = $7200.BUT then he would owe me half the market value of rent for the months he lived there alone? May I ask how I would determine the market value of rent
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Debra, Expert

You would have to check the paper or speak to a real estate agent.

Customer
Thank you! I just did.I owe him mortgage and property tax for 6 months and he owes me Half market value rent for 3 months he lived there alone.Really appreciate your help!
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Debra, Expert

You are very welcome.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Thank you! I just sent you a tip. I think this is good for now but if I have any more questions in the coming week I will do as you said above! Have a great evening
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Debra, Expert

You too and thanks very much.

Customer
Will do
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Debra, Expert

Great.

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