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Jessica
Consultant
Joey, Expert
Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.
Just a general disclaimer that this conversation is for informational purposes and I am not your lawyer. The information discussed is for general use only and a lawyer would be necessary to take any legal action and/or preserve any of your legal rights. You may receive a phone call request which is automated from this website and you may choose to ignore this request. If at any point during our conversation you would like to have a call, I’d be more than happy to arrange one with you at an additional cost. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.
Joey, Expert
Good afternoon – sorry to hear about your situation. Did you sign a cohabitation agreement with him at any point?
Joey, Expert
When it comes to common-law, generally speaking, each party retains its own property and there is no automatic entitlement to the assets belonging to the other party. That said, given that you contributed towards the mortgage and renovation costs of the home, you could make what’s called an “unjust enrichment claim” against him for a share in the value of the property which you contributed to. Ideally, he will just agree to split the property with you or something very close to that. These are somewhat difficult claims to make and a lawyer would be recommended. Here is a link for the Ontario lawyer referral service to help you find a lawyer: https://lsrs.lso.ca/lsrs/welcome
Joey, Expert
Generally, each party would retain the property that’s in their name. Assuming he wants to keep the van for himself, you would stop making payments on it and he would take over.
Joey, Expert
As he put some money in your vehicle, you could agree to pay him some amount to “even it out”.
Joey, Expert
Does that help answer your question today or did you have any follow up questions?
Joey, Expert
A cohabitation agreement is a good idea as it provides a clear guideline for both parties as to how property will be divided and whether any spousal support claims can be made (and under what terms). This will reduce the chances of a dispute and having to retain lawyers at great expense.
Joey, Expert
My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.