scubadiver
I am not a lawyer, so don't consider this legal advice:
Are you in Ontario? First of all you are not common-law in Ontario until you have cohabited for 3 years (even though you can say you're common law on your taxes after 1 year), in BC it is 2 years cohabitation. Cohabitation means living together, whether you rent or own.
Separation comes under provincial jurisdiction.
If, as you say you purchased the house 50/50 and you are both on title you are both rightfully entitled to 50%. However, you could both argue for the value of home improvements if you made any.
Common law separation DOES provide for support payments - but even if you are in BC and legally common law, you haven't been common law for very long. So your payments would be so small and for such a short period that it's not worth her going to court over.
Yeah it's been 2 years straight in Ontario. We moved into the house in November 2007 and we're both co-owners on the mortgage (the initial thought was for us both to pay it equally but I was the dumbass who wanted to be fair because I thought this would be permanent). After about 6 months we started to stop talking to each other. I guess we kept trying to make it work (humanity's emotional ability where hope triumphs over experience I guess).
I didn't know about the notary. Who do I talk to for advice on what paperwork I need? We're still on amicable terms, but hey women can turn vengeful in a second, so who knows. I can get the initial paperwork done and if she turns bitchy then just bite the bullet. The money is the big motivator though - she won't want to declare bankrupcy over this.
Here's where I now have a beef with the Mortgage with TD bank. On a 5 year fixed term mortgage, to get out 2 years into it, the penalty is $25,000. I'm SHOCKED. So I have to figure out how to approach this. She can't afford to take over the mortgage (unless she gets roommates) and she sure as hell won't let me keep the house even though I can afford the payments. So now I have to go to the bank and see what my options are to reduce this damage. Talk about a cash grab. Yes I know it's free enterprise and that's what you get for breaking a contract. It's still an outrageous amount of free cash for the bank.
Sell the house and have someone assume the mortgage.
kick her to the curb.
my dad moved most of his assets to Switzerland when they divorced...He did quite a few things, had "advice" from a friend who is a lawyer..
I never asked in detail since well, I am in the middle and he pulled an ashole move, but my mom bascially ended up with 40 000 afte 17 years of marriage..
Anyways, what he did was fishy and she could have probably fought it but she died at some point..
I am not educated on this.. but there must be a way how you can reduce the value of your assets..?
THis is why the government should have no role in marriages.
A marriage should be a private contract.
The fact she is even considering dating other people makes me think she isn't the one for you. If you bring up the topic it might even make her less likely to cause problems.