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8.5 Sample Affidavit

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This is the 1st affidavit

of Jane Ann Doe in this case

and was made 1 January 2016

Court File No.: 234567

Court Registry: Vancouver Court

 

In the Supreme Court of British Columbia

Claimant:

JANE ANN DOE

Respondent:

JON FRED DOE

 

AFFIDAVIT

I, JANE ANN DOE, teacher, of 55 Gilmore road in the City of Vancouver, in the Province of British Columbia, SWEAR (OR AFFIRM) THAT:

  1. I am the Claimant in this matter, and as such have personal knowledge of the facts and matters hereinafter deposed to.
     
  2. I make this affidavit in support to my application by Notice of Application dated 29 December 2015, for an order that the Respondent pay one half of the mortgage payments of the family home, 108- 55 Gilmore road, Vancouver, (hereafter “Family Home”) until the Family Home is sold or further court order.

 

Background

  1. I am 38 year old and am employed part-time as a high school teacher.
     
  2. The Respondent is 40 years old and works fulltime as an accountant.
     
  3. The Respondent and I were married 20 May 2007.
     
  4. The Respondent and I separated 3 September 2014.
     
  5. We have no children together or apart.
     
  6. This court proceeding started on 5 July 2015 after negotiations failed and I filed a Notice of Family Claim.
  1. The Respondent and I exchanged financial statements on 20 December 2015. Attached as Exhibit A are copies of these exchanged financial statements.
  1. The only issue in dispute is the division of family property and debt.

 

Family Home

  1. On 15 September 2013 we bought the Family Home as joint tenants and began living there together until 3 September 2014 when the Respondent moved out.
  1. The Respondent has been residing at the cottage we bought together as tenants in common 1 October 2011 (hereafter “Cottage”).
  1. I have, since 3 September 2014, been living at, and making the monthly mortgage and utility payments, on the Family Home as set out in my Schedule 1, attached to this affidavit and marked as Exhibit B.
  1.  I am seeking this order to require the Respondent to make the following payments: half of the property taxes, and half of the home insurance.
  1.  I am seeking this order because I am not receiving adequate financial support at this time and I am unable to pay the jointly held debts and household bills.
  1. Attached as Exhibit C are copies of the household bills, including the mortgage on the Family Home, property taxes, and home insurance.

 

Sworn (or affirmed) before me at

Vancouver British Columbia

On 01/01/16                                                                                       ______________________________________

 _____________________________                                                  Jane Ann Doe

A commissioner for taking

Affidavits in British Columbia

_____________________________

[your name here]

8.5 Sample Affidavit