5 yrs Later.

[This is unreal]

5-6 years after splitiing from my common law partner, she come back looking for a settlement. I own the house, paid the mortgage, utlities and even co signed for a car for her. When she left I paid out the balance of car loan paid off $4000 in credit card bills she racked up plus gave thousand's of dollars in cash. How do you stop this once and for all?

[HammerDad]

Did you get anything in writing? How long was the relationship?

I would simply reply that you paid her equalization in the forms of X, Y and Z upon separation and that it is your position that you are not obligated to provide for anything further. Notwithstanding that, if she had a reasonable need for further settlement the appropriate time to do so would have been at the point of separation.

[This is unreal]

Originally Posted by HammerDad

Did you get anything in writing? How long was the relationship?

I would simply reply that you paid her equalization in the forms of X, Y and Z upon separation and that it is your position that you are not obligated to provide for anything further. Notwithstanding that, if she had a reasonable need for further settlement the appropriate time to do so would have been at the point of separation.

In reply to your question approx 5 yrs. She sined a documnet that we made up stating she wasn't entitled to anything to do with my property. It wasn't drafted up lawyers, so maybe that won't save me.

[This is unreal]

I'll keep you posted since I've recived aletter form a lawyer.

[HammerDad]

Originally Posted by This is unreal

In reply to your question approx 5 yrs. She sined a documnet that we made up stating she wasn't entitled to anything to do with my property. It wasn't drafted up lawyers, so maybe that won't save me.

It may or may not. Because the agreement was made without independent legal advice, it won't have the same effect. She will probably also say she was forced into signing it (aka under duress) and she only signed it just to get something because you were being difficult etc etc. She will have to prove this and if you still have any emails relating to it from back then, you will be best to reference them as evidence she was a willing participant, equally involved.

Common law isn't the same as a regular marriage. She doesn't have an automatic claim to the house as matrimonial property. She may try to claim a portion for the period you lived together, but you will argue you made all payments to the mortgage. She will argue she contributed in other ways. But the reality is, you both will have make arguments for your side and it will be who has the most proof.

Also, she will have to prove that the amounts you gave her weren't a fair settlement. She isn't guaranteed SS, it would be based off guidelines and only for a period commensurate with the length of the relationship. Entitlement to the house isn't a guarantee (she will have to claim AND PROVE unjust enrichment).

But there is the flip side to this coin. How much is she looking for and can you mediate for an amount lower than what the probably legal costs may be to fight this? Although, you always ask for costs, but they are generally only granted in frivolous matters or cases where one party frustrates the court process.