Cracking the Code of Co-Parenting: How AI Legalese Decoder Can Help You Navigate the Minefield of Ex-Spouse Negotiations
- July 13, 2024
- Posted by: legaleseblogger
- Category: Related News
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Breakup and Car Ownership: A Complex Situation
Background
My boyfriend and I were together for 7 years before breaking up 2 weeks ago. I moved out of our apartment a few days later, but I’m still responsible for the lease and his benefits through my work. The biggest issue we’re facing is our car, a 2021 Mazda 3 that we financed in October 2023.
Car Ownership and Payments
The loan is in my name, as I have better credit and could secure a lower interest rate. However, we’re both listed as owners on the car (ICBC, Vancouver, BC). Until our breakup, we were splitting the monthly payments 50/50. I was also paying for gas and insurance, as I’m the primary driver. After the breakup, I extended the payment term to 6 years to make the monthly payments more manageable for myself.
The Dispute
My ex-boyfriend is now demanding that I pay him back $6000, which is the amount he claims he’s contributed to the car loan so far ($2500 down payment and 19 bi-weekly payments of $206). He’s refusing to sign the car over to my name until I pay him this amount. I don’t believe this is fair, as I also contributed $2500 to the down payment and made the same bi-weekly payments.
Complications and Concerns
Our situation is complicated by the fact that we’ve been living together as common-law partners for 7 years, which is essentially equivalent to a marriage. I’m hesitant to seek legal advice, as I don’t want to go down the route of disputing our shared assets, such as savings and RRSPs.
My Ex-Boyfriend’s Position
He has substantial savings, already owns another vehicle, and doesn’t want to transfer the loan into his name. This leaves me feeling stuck and unsure of what to do.
Seeking Advice
I’m looking for guidance on how to navigate this situation. Is there anyone who can offer advice on what I’m entitled to and how to resolve this dispute?
How AI Legalese Decoder Can Help
AI Legalese Decoder is a powerful tool that can help you understand and navigate complex legal documents, including contracts and agreements. In this situation, the tool can help you:
- Analyze the car loan agreement: AI Legalese Decoder can analyze the loan agreement and identify the terms and conditions related to ownership, payment, and transfer of the vehicle.
- Determine your rights and obligations: The tool can help you understand your rights and obligations as a co-owner of the vehicle, including your responsibilities for payments and maintenance.
- Identify potential disputes: AI Legalese Decoder can identify potential disputes and areas of contention, such as the calculation of the amount my ex-boyfriend is demanding I pay him.
- Provide guidance on dispute resolution: The tool can offer guidance on how to resolve disputes, including negotiation strategies and potential legal options.
By using AI Legalese Decoder, you can gain a better understanding of your situation and make informed decisions about how to move forward.
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****** just grabbed a
Legally as common law, it actually doesn’t matter who pays or how much. The fact is that you both own this car.
This really depends on how petty you both want to get on this. If you don’t have a savings etc like him and that truck was purchased 2 years into cohabitation, you actually can go after him for half of everything accrued during the relationship after the 2 year mark. Is that less money than the car or is it more? If it’s more, it would make more sense for him to sign the car over to you and you agree not to go after him for his truck (if it was purchased 2 years after establishing common law) or his savings etc.
My friend just went through the same situation and they chose the lawyer route which ended up costing them both more $$$ than it needed to be if they just played nice.
You can also remind him that getting off the lease and giving notice actually ends the tenancy all together so he’d have to move. I wouldn’t keep it under both your names because if he stops paying rent or damages the place, you’re also on the hook.
He doesn’t get all of his payments back because he had use of car for 9 months (use has nothing to do with miles driven or number of days – he had access to at will). If you took the current Blue Book value, subtracted the remaining loan balance, how much is the equity in the car ?
>Here is where I do not know if I’m right or wrong. He says that he will “give” me the car if I pay him back all the money he’s put into it so far ($2500 down payment, 19 x $206 bi-weekly payments, so around $6000). I do not believe that this is justified,
NAL
What do you believe is justified? Make a counter offer for how much you believe you should pay.
So far you two have paid the same amount towards the vehicle, should he get nothing?
You mentioned that you’re the one that drives it more.
He should get some of his 6k back, right?
IAAL.
He is entitled to 50% of the current value of the car minus the current loan balance.
Overall, each of you is entitled to 50% of your combined net worths, so depending on your circumstances it might be better to think of the car as one asset in the overall financial situation.
You might want to consider sharing the following websites with him:
[https://family.legalaid.bc.ca/finances-support/child-spousal-support/spousal-support](https://family.legalaid.bc.ca/finances-support/child-spousal-support/spousal-support)
[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/spousal-support/how-decided](https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/spousal-support/how-decided)
Perhaps after reading, he will sign over the car to you. If he is smart, he will sign a separation agreement covering that and that’s everything.
Legal Aid BC has an online separation agreement generator that you can use to avoid going to a lawyer to draft it. It doesn’t cover everything and wouldn’t be suitable for high net worth individuals with complicated investments, etc. but for the average person just wanting the basics, it is good enough.
[https://family.legalaid.bc.ca/guides/separation/howtousethisguide](https://family.legalaid.bc.ca/guides/separation/howtousethisguide)
A consult with a family lawyer afterwards would be wise.
(and this kids is why you enter into a cohabitation agreement before moving in with a partner in BC. He probably isn’t thinking about the impact on his savings and needing to pay spousal support if he is the higher income earner. He is not thinking about liabilities incurred as part of the relationship. An entire agreements or some of its terms can be set aside by the courts, but if you do it properly and it is not grossly unfair when the relationship has ended – you can have more confidence knowing what you will walk away with/owing. There are so many people that stay in unhealthy relationships because they are simply afraid of the impact that their separation/divorce will have. Give yourself peace of mind and enter into a co-habitation agreement. Would you rather have a judge decide for you or would you rather figure it out yourselves in advance when you are getting along?)
Just to clarify, for 7 years you’ve been in a marriage like relationship and you suspect he has grown his retirement investments and upon splitting up you are essentially walking away with nothing because you don’t want to go down a legal route?
I think it’s pretty obvious by posting in a legal advice subreddit that the advice should be, Yes. Do in fact go down the legal route of fairly separating assets gained together in the relationship and include the value of the vehicles in those equations.
Unless, You also gained possibly greater savings throughout the relationship then it might be worth it to just transfer the $6000 and call it good.
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He used the car as like a weekend/after work car. He has a truck that he uses for work.
Did he use the car? Or was he paying to help you?
If he has more assets, I would suggest to him that you could choose to hire a lawyer and split all assets and liabilities 50%.
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I just have a question. How much have you paid for his health benefits? Over the years?
You could ask him to reimburse you for that.
This is what I’m asking, I know don’t if he SHOULD get anything back. My thought is that if I remove myself from our lease and add his new housemate, the rent will increase (from $2500 to $3800). If I stay on the lease another 6 months or so then he would get the $6000 back that way
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