division of things

[shocked15]

hello, heres my background info:
dating guy approx(may 08) 2 months before i moved in to a house with him and 2 other guys(aug 08). we lived there 11 months and then moved into a house that i purchased (end of june 09). The house is in my name, i paid for all costs. The catcher is that he pays what we called rent, untill now that we are talking about breaking up, now he calls it half the mortgage. He has been paying a set amount every month, its a portion of the mortgage plus half of gas/cable/electricty. So basically he is telling me he talked to a lawyer (sept 2010) and says he can take half right now if he felt like pursuing it. Would that be only if he claimed unjust enrichment? i just want to know what to expect. im feeling bullied.
can he take half that easily? weve only lived in my house for 14 months, and we didnt claim commonlaw on our taxes. thanks for any insight

[dadtotheend]

Unjust enrichment after 14 months????? HHHHHAAAAA HHHHAAAAA, what a nervy prick.

Him and his jackass lawyer are blowing smoke. Tell him to f**k off. Really, I mean it. He's up a tree. You have NOTHING to worry about.

[shocked15]

well thats what i was hoping, but just to be sure
does the prior 11 months we lived together with roommates count towards time as being commonlaw? because im living in BC and i have read that the province says 2 years is commonlaw. is that right?

[dadtotheend]

Here in Ontario, even if it did make you common-law, it wouldn't make lick of difference for property division.

Unless things are different in BC (and I would be consulting a lawyer on that), after telling him to f**k off I would ignore everything they send you until they foolishly try to take you to court.

[shocked15]

thanks for the reply!

[InterprovincialParents]

I agree wholeheartedly with Dad! BC is very similar to Ontario in property division, etc...I'd kick the ass out if you haven't already!

[NBDad]

Well he IS paying rent technically...before you attempt to turf him, I'd call your local rentalsman office and determine the exact process to evict his ass.

Do it properly, it'll save you headaches in the long run.

[InterprovincialParents]

good point, NB...I let the emotion lead...lol...Process for eviction is a letter, granting 60 days notice...and here (ON) it is applied for through the Landlord and Tenant Board...not sure what the process is in BC...When/if you provide the letter to him, through the correct channels legally, that also justifies your claim that it was rent, not mortgage And next time, do a cohabitation agreement!

[dadtotheend]

You can't just kick a spouse out of the home. Each spouse has an equal right of possession of the home.

But if you changed the locks and threw his stuff out the bedroom window, he might not even bother to fight it and you would get what you want.

[limer]

Equal possession of the home only relates to the Matrimonial Home; as does the equal division. In any case, he is not on title, nor on the mortgages. I don't believe they are legally commonlaw even if they do sleep in the same bed. I'd say kick him out!! At the very least give him an eviction notice, put a lock on the bedroom door. In short, send him to "The Dog House".