do i have any rights?

[shlaba]

the relationship i've been in for 3 1/2yrs disolved 2 months ago when she told me to leave or the police would be called. i'm still paying some bills and working on extensive renovations on weekends and once completed the house would be sold with a written letter from her stating i would receive 30% of equity...(recently re-mortgaged in her name due to financial debt to high for both names) also have e-mails stating the agreed 70/30 split...the problem i'm having now is that she wants me to do more than i can or will with threats of no money. there are 2 children in the house from her previous marriage with court order for child support from biological father.
I feel at this point that the only way to protect myself is possibly court but am unsure if this is the right choice. I reaaly don't want to pursue this avenue but feel threatened that all invested time and money will be lost if not. PLEASE HELP!!

[logicalvelocity]

shlaba,

Welcome to the forum

More background is required such as what province are you located in?

Are you and your former spouse married or living common law?

Are you both the natural parents of the children?


On the face of it, it does appear you have some outstanding issues such as Custody, Access, Child Support, perhaps spousal support and equalization of the property to name a few.

lv

[shlaba]

living in ontario together for 3 1/2 yrs, the children are her from a previous marrige and child support has been ordered by the courts....please any help would be appreciated

[logicalvelocity]

shlaba,

It appears the issues are somewhat narrowed down.

At law you would be considered common law spouses and as such Spousal Support may be an issue. Needs and means is the determining factor. If you acted as a parent to her children you could perhaps may well be on the hook for support of same in addition to the support she receives from the biological parent. However 3.5 years is rather short duration, the heavy onus would be on her that you did indeed act as a parent to her children. ie: took them to extra curricular activities, attended parent teacher meetings, attended their medical appointments and so forth.


I think if you listed on the tile to said property as 30% and they are listed at 70% I believe you would only be entitled to 30% of the available equity up until the date of separation.

Unjust enrichment may be also an issue if you gained financially due to the relationship. I suspect this is not the case but perhaps she may of gained financially due to the relationship.

I have to ask- What are they asking for?


lv

[shlaba]

actually shes is basically "keeping" all my possesions unlees i buy her a car including the agreed upon 70/30 split of house...she kicked me out and changed her mind a week later at which time i decided it would not be in my best intrestand. I was trying to help but between then and now she is expecting me to do everything while she is now doing nothing. I want to know if i can take her to court to at protect the money and time i've invested on renovations as well thousands borrowed to pay bills up( her mortgage) Maybe better off just walking away?..not sure but written agreement is until sale of house..*please not that throughout the relationship i was told it was "our" home. I don't feel i should have to buy her a car when i supplied her with one until she had enough money to buy one which ended up lasting well over a year, never saving anything,.....i know i'm being taken advantage of and i've had enough, does this mean i'm not entilted to anything?

thank you for your help

[FL_Needs_To_Change]

I agree with LV in that I think there "could" be an issue of Spousal support given common law in Ontario.
As for child Support, like LV mentioned, onus is onthe mother in this situation to prove that you acted in place of a parent, doing all the things a parent does.
If you did not attend school meetings, medical or dental appointments with them, nor did you do any other activity that only a parent does she would be hard pressed to get child support. Did they refer to you as "dad", and did you sign permission slips etc? And if I understand your first post. There is an existing order for Child support from the biological parent. Just because she has no support fromt he biological parent does not mean she can seak it from you.

From the law itself, The following conclusions can be drawn
from this line of cases:

(1) A person in loco parentis to a child is
one who has voluntarily assumed the
parental obligations of providing for
the child's pecuniary and parental
guidance.

(2) A person who has acquired the status of
a parent in loco parentis or a person
who stands in for a parent retains that
status as long as the child remains a
child of the marriage.

(3) A person in loco parentis cannot
unilaterally withdraw from that status
and cannot, just as a natural parent
cannot terminate his parental support
obligations by withdrawing from the
child's life.

(4) If a person has stood in loco parentis
during the marriage, the court will
determine pursuant to ss. 15 and 17 of
the Divorce Act whether it would be just
or right in the circumstances to order
that maintenance be payable by such
parent, after separation or divorce.