Building a Home Two Years After Separation

[cyanaura]

My common law partner and I have two kids together and we lived together approximately 6 years before splitting up 2 years ago this July. We never took the issue of our separation to lawyers because our assets we're limited and we basically share the kids. My son lives 100 per cent of the time with me and my daughter is over at my place every day. Our place of residence while we were together was a rental. I've decided to stop the madness of throwing my money away and build a house and am now wondering whether she can lay any claim to that house in the future, place a lien against it, etc. Please advise...

[logicalvelocity]

Obligation to support your children may have potential.

[cyanaura]

I'm not worried about having to support my kids since I have them more than 50% of the time. They're currently 16 and 13. My concern is that she'll have a claim to my house once it's built... Any info regarding that issue?

[logicalvelocity]

She may have a potential claim re: spousal support. Needs vs. Means. However, almost 2 years has elapsed and no need...the potential diminishes over time. They have not direct claim to your newly acquired home other than support writ.

[cyanaura]

sorry, what do you mean by support writ? i expect that after the house is built the kids will be living with me more than they are now... and by 'they' do you mean ex-partners/wives or children? i appreciate your help... anyone else know anything about this sort of thing?

[logicalvelocity]

Originally Posted by cyanaura

sorry, what do you mean by support writ? i expect that after the house is built the kids will be living with me more than they are now... and by 'they' do you mean ex-partners/wives or children? i appreciate your help... anyone else know anything about this sort of thing?

Writ is an order. The court could order sale of your assets conditional if you didn't pay your court ordered amounts ... As mentioned, almost 2 years have elapsed and potential claim for spousal support diminishes.

[cyanaura]

makes sense... but i've never had any court ordered amounts... like i said, we never took things to court, and on top of that the kids have always been primarily in my care... will building a home change this situation?

[Mess]

Common law, you don't split assets, unless there was some kind of joint investment or savings.

Ordinarily you would not split the value of a house that was in one name, unless the other party had somehow done a lot of work on it, or there was some concrete expectation that it be jointly owned. This would have to be shown, not just claimed. There is no automatic split as with a marriage.

At this point if you build/buy a house it has nothing to do with her. However if you owe her money, she can try to get a lien just like anyone else in the world you owe money to. She would have to prove this, not just claim it.

As LogicalVelocity states, any possible claim of spousal support fades year by year as she shows she is supporting herself just fine. If she hasn't made a claim already, then she has less and less reason.

Is there child support owed? You have one child full time, the other is most of the time? She probably owes you child support arrears. Even if you don't claim anything, if she tries to bring a suit against you, you can bring this up.

If you are concerned, talk to a lawyer, but speaking as some anonymous guy on the internet, I think you are fine.

[cyanaura]

thanks, both... i will call a lawyer, but since i don't owe her any money, two years have passed, and i do the lion's share of the childcare, my worries are mitigated... appreciate your quick, informed wisdom (and patience)....

[logicalvelocity]

Originally Posted by cyanaura

makes sense... but i've never had any court ordered amounts... like i said, we never took things to court, and on top of that the kids have always been primarily in my care... will building a home change this situation?

Potential for future spousal support order exists but diminishes. If an order was in place and if you didn't pay the support...Then they could bring forth Writ of sale... Lot of if's.... but it was an answer to your original question.

As mentioned by Mess, individuals assets are not equalized in common law relationship ... Unjust enrichment is an exception - but thats not applicable to your situation.