Does each party have an equal share of the value of a property if they contribute equal amounts to the down payment?
British Columbia, Canada
The following excerpt is from Schultz v. Landry, 2007 BCSC 994 (CanLII):
Similarly, in Zimmerman v. Lazare, the parties purchased a condominium together; however, they contributed unequal amounts to the down payment. Pitfield J. held that each party’s capital contribution should be returned to them, and that any further increase in the value of the property was to be shared between them. Pitfield J. noted at ¶ 22 that the task of the court in determining each party’s interest in the property is to properly construe the transaction between the parties and the rights of each arising from it.
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