Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-27-2009, 11:08 PM
Junior Member
 
Join Date: Aug 2009
Posts: 3
Mooseheadstew is on a distinguished road
Default Common Law matrimonial home

I know this has been discussed many times here but this is a little different.
Man has his name on the house, and he owned it prior to the relationship. After 5 yrs together and two children. He moves out of the house. He has lost his job and due to a drug and alcohol problem, he never bothers to try and get another job. He starts another relationship and moves into that womens home.
He loses all his posesions to the finance companies, truck, boat, etc.
The common law wife continues to pay the mortgage payment which she had been doing ever since the man lost his job two years before moving out of the house. She pays all the bills and also has made up for the taxes that were two years in arrears.
He has not given her one penny in support, and she recently told him that she doesn't want him to have unsupervised visits with his two girls due to the fact that he is completely drunk while he has them and she has caught him driving drunk with them in the vehicle.
Can he tell her to leave the home? Is it possible for her to win the right to the home in court. The home is probably only worth 25k and still has 16k oweing on it. Don't know if that matters but thought I'd add it anyways.
Will the judge order him to pay child support even though he doesn't and wont work?
Reply With Quote
  #2 (permalink)  
Old 09-03-2009, 04:32 PM
Junior Member
 
Join Date: Aug 2009
Posts: 3
Mooseheadstew is on a distinguished road
Default nobody?

Nobody has a response to this? How about an opinion?
Reply With Quote
  #3 (permalink)  
Old 09-03-2009, 04:37 PM
Senior Member
 
Join Date: Dec 2006
Posts: 2,191
standing on the sidelines is on a distinguished road
Default

well if his name is on the home then it is his home. She could ask for some compensation for the money she put in but not sure if she would get anything. If there is a mortage owing maybe she could offer to buy him out.

He has to pay child support, there is no way around it.

As for the visitation I do not blame her for that. It is called protecting your children.
Reply With Quote
  #4 (permalink)  
Old 09-04-2009, 10:03 AM
Junior Member
 
Join Date: Aug 2009
Posts: 3
Mooseheadstew is on a distinguished road
Default question

so how does she go abouts getting set up for child support? Does she have to go to court, pay a lawyer, etc.
Reply With Quote
  #5 (permalink)  
Old 09-04-2009, 10:57 AM
Senior Member
 
Join Date: Dec 2006
Posts: 2,191
standing on the sidelines is on a distinguished road
Default

there are people on this site who can walk you through it better then I can, I am sure that you will get an answer to your question before the day is over.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Access to family Home by ex spouse who does not live here! ANewLife Divorce & Family Law 8 02-17-2009 10:33 AM
Help - Matrimonial Home completeshock Financial Issues 4 01-15-2008 09:15 AM
Matrimonial Home Linjohn Financial Issues 10 07-19-2007 10:37 AM
My common law hubby will not leave my home hewontgo General Chat 9 06-08-2006 09:06 AM
Return to Matrimonial Home? Dante_66 Divorce & Family Law 5 06-01-2006 11:18 PM


All times are GMT -4. The time now is 01:27 PM.