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ARTICLE · 25 MAY 2022

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If We Separate, Will I Get My Down Payment On The House Back?

Siskinds LLP
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Let's assume you and your spouse, whether common-law or married, own your home as joint tenants and you each paid an equal amount towards the down payment.

CanadaFamily and Matrimonial
Madison Goodacre
Madison Goodacre
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Let's assume you and your spouse, whether common-law or married, own your home as joint tenants and you each paid an equal amount towards the down payment. If that's the case, then if you separate you will each get your half of the down payment back when you sell the home and split the net proceeds of sale (or if your spouse buys you out of the home).

Where things get tricky is if one spouse paid an unequal share of the down payment, or even the entire down payment themselves, but the home is still owned jointly. What happens when you separate? Will you get your down payment back? Or will your down payment be considered a gift to your spouse?

Like most property division issues in Ontario, how the law treats the issue is different depending on whether you were married or not.

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