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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 104611
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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My husband and I made a verbal agreement to separate

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Hi,
My husband and I made a verbal agreement to separate November 27. 2017. I moved out December 22, 2017 returning to Edmonton leaving him to reside in the marital home that we purchased in Calgary August 26, 2016.When we purchased the house and moved to a new city, I took a leave of absence from my teaching job at Edmonton Catholic schools and didn't work until September 2017 and so wasn't contributing to the household finances. I was however doing all the cooking and cleaning inside the home as well as most of the yard work with exception of lawn mowing. In the spring of 2017 I had to decide whether to keep my contract and return to work in Edmonton or give up my permanent contract. I chose to give up my contract and commit to life in my new city.Since purchasing the home (of which both of our names are ***** ***** title), the taxes and mortgage were paid for by my husband and all the rest of the household bills came from my account with money given to me for expenses by my husband.Here's my question to you: now that I have moved out and my husband is living in the house until we can agree to sell, what happens with the bills. Do I still have to keep paying for them or does he need to take over the bills until we can sell? Does there need to be a rent agreement?
Thank you for your attention to this matter and any advice you can provide
Julie

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.

I am sorry to hear this.

How long you were married for?

Customer: replied 4 months ago.
Married July 31, 2015. He moved into the house that i owned prior to knowing him in April 2015 when we got engaged. He contributed money towards a renovation which improved the value of my home which we sold to purchase the home in Calgary. i put $105K into the purchase of the marital home and he put in $62K.

Because your marriage was of such a short duration it is not likely that a court will follow the usual rules of dividing the value of the assets equally. Rather, the court will likely consider contributions to the value of the home.

This means the court will consider your respective down payments as well as all other contributions to the value of the property.

In terms of the bills you are not responsible for the utilities. You each should be paying half of the property taxes and mortgage payments. He should be paying you 1/2 of fair market value rent for what is called occupation rent.

Does that help as a starting point?

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Customer: replied 4 months ago.
It does help as a starting point. Thank you, ***** ***** advice gives me a starting point with which I can make more informed decisions. Thank you

You are very welcome.

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