A multitude of unmarried couples are building a life project that often begins with the purchase of a home. Therefore, a couple living in a common-law relationship, after going through difficult times, reconciles...
A multitude of unmarried couples are creating a life plan that often begins with the purchase of a residence.
Thus, a couple living in a common-law union, after experiencing difficult times, reconciles and agrees to have a residence built. Although this home is in both parties' names, each owning half, Monsieur contributes a financial contribution of $205,000, while Madame does not contribute any. They agree that Madame will pay $500 monthly for the mortgage payment, while Monsieur will cover the other expenses.
After eight years of cohabitation, the couple ends the conjugal relationship. Madame requests from the court* that the proceeds from the sale of the residence be divided equally. Monsieur, while not contesting that Madame owns 50% of the residence, asks that his initial financial contribution be reimbursed to him first, and that the remainder be divided equally between the parties.
According to the Civil Code of Quebec, "the shares of co-owners in a property are presumed to be equal." This presumption can be rebutted by a verbal or written agreement. The mere fact that one co-owner has contributed financially more than the other does not rebut this presumption of equality."
Without tangible evidence, the court orders an equal division of the sale proceeds. The Court recalls that Monsieur, throughout their union, always agreed to "unequal contribution to the payment of the price, and it is inappropriate to change his mind at the moment of the breakup."
When common-law partners purchase a property jointly and one party contributes more financially than the other, it is imperative to mention it in the notarized deed of purchase. Failing to do so, one of the parties will realize that love knows no price.
*C.S. 505-17-006968-145
