Don't know where i stand

[noralee]

Hi. I am new here and need some help..I will try and make a long story short..my cl and I have been living together for 6 years now..He moved me and my daughter from my hometown to where he lived 2 hours away. We rented a small place as he was paying cs and ss. After the cs was done we went out a bought a house. He wanted me to put my name on the house but i had bad credit so only his name went on the house. We have been in the house for 2 1/5 years now..We did buy some furniture but we split on the cost. Most of the other stuff was mine and he walked into the realationship with only his cloths. About 4 months ago things have been going downhill. One month ago we got into a huge fight as we were drinking and he said a rude word about my 17yr old daughter so i punched him in the face and went to bed.YES i know I shouldn't have touched him. But when I was in bed he phoned the police and i was charged with domestic assault. As the law goes I am not to have any contact with him or go back to the house..I only had 50 dollars on me and was allowed back the next day just to pick up a few things until the court case is done which could take forever..My daughter is still living with him as i can't afford to bring her with me. I do work full time but i only make 13.45 an hour which doesn't help when i have to pay 2500 to get a lawyer to get my off the assault charges..i am rooming at a friends house which is 350 a month. Went to legal aid and the said no i make to much money..Now I am hearing that my cl doesn't not want me back and that it is over with.. I just don't know what my rights are or what to do. I didn't have any savings as all my money went to some bills in the house and for food.. I can't afford to see a family lawyer..there was no agreement when we moved in but as soon as we got the house he had a will made out which left me with everything..can i get ss as i make 29.000 a year and he make 100.000 per year but he does have to pay his ex 1500 for life..Am i entitled to any of the house what are my rights.and how do i get my stuff out of the house..any info would help thanks ..having a nevous breakdown because of all of thes

[representingself]

Save yourself the legal fees and frustration....

Plead guilty to the charges (or try to negotiate a lesser charge with the Crown), but don't waste your time trying to "get off the assault charges".

You are guilty! You admit to punching him.

Then focus on resolving the end of your relationship with him.

[noralee]

I have already paid some of the lawyer fee..and I have plead guilty..my lawyer was going to see the crown next week and make a deal so i won't have a record. But i don't know how long all this takes and then what if i am not allowed back to the house..can't afford another lawyer for ss or if i can get any at all..

[blinkandimgone]

Pretty sure you won't be allowed back into the house at this point other than to get your things. He has a good case for a restraining order if he doesn't already have one. Most likely even to just get your things you will need an escort to go in, depends on how your ex feels about it, really. If you're able to be civil and agree to a date and time for you to get your things then great, if not then be prepared to be escorted in and out.

As for spousal support, do some reading around the forums, search for 'common law spousal support' and you should find plenty of information. I'm not sure how or if the current situation would affect any spousal support claims.

Are you recieving child support from your daughter's father?

[Mess]

It's not clear about the house. How much can you actually document? What payments can you produce records for, what type of things did you pay for? Do you have a copy of the will? All this matters, you might have a claim, or you might not, it depends on how much you can show.

It may be that you have a claim due to his promise and some money you put in, but if you can't show it and it's his word against yours then it can be an expensive failure. You have to weigh all of this.

For spousal support, it will be a complicated calculation, it will be based on his income after paying CS to his child, that has to come first. There may then be other deductions for him as well. He may have to pay some support for your daughter depending on their relationship, the fact that she is still living with him may make her entitled to some support. Of course if she stays living with him, he wouldn't pay support to you, and you could end up paying CS to him for her! Your situation is very complicated and there is no easy answer.

There are free consulations available from the Law Society of Upper Canada and from Family Law Information Centre, you can Google both.

[noralee]

thanks for your response Mess..i have all the bank statements. I have paid for some of his credit cards, hydro, phone, gas bills. plus the furniture we bought together. He is not paying cs as his daughter is 19..mine turns 18 in nov and i am not worried about her. She is only there because i don't have money at moment to get an apt...and yes i did grab the will. Other than that he has no other debts except for his ex ss payments