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

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Old 12-27-2009, 05:28 PM
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Kawoi is on a distinguished road
Default Frustrated and needing info!

Hi, without too many details here goes. Don't want to go back to the lawyer again!

4 years together, 3 as CL. Bought house together all equal aside from a buy down.

She was acting outside of the relationship and walked out with everything she wanted.

Had an agreement made with a mediator and now she is going against every last thing she had agreed to.

We are 30-40,000 in the hole when it is all added up as far as the house is concerned.

I simply want her to release herself from the title and mortgage and I will assume all responsibility for the potential losses since the first agreement will not be acknowledged.

She says she wants cash for her to back out. Will I be expected to pay her for the negative equity and significant renos/repairs???

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Old 12-28-2009, 11:48 AM
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Some questions...

Are you saying that you owe more on the house than it is currently worth?

Who paid for the renos/repairs - did you split them equally? Did you take out a loan?

Do either of you have any debts other than the mortgage? Were they incurred before you became common law? Were they incurred for some common purpose, or for the benefit of one of you?

Did you split mortgage + property tax + insurance + utilities all equally?

Did you split your other common expenses equally? If you split the above housing expenses 50-50, but she did not contribute ANYTHING else, then you can argue that really she did not contribute equally to the housing.

I understand that you contributed different amounts to the downpayment.
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Old 01-02-2010, 10:25 AM
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Kawoi is on a distinguished road
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Everything was split and paid for equally.

We went no down payment except I paid a buy down on the interest rate for 5000. The mortgage is the only thing that ties us left. She took what she wanted and I did not argue. Just wanted it out of the house.

As far a the equity goes, even if we sold for the magical number that she thinks (not an educated guess) we still end up about 10 to 15000 in the hole after it is all said and done. The appraisal we paid for which I had an agent tell me would be the high end of what we might get was low and with penalties for breaking the mortgage are about 30 000 alone never mind the 10 grand (conservatively) in reno's that need to be completed and some reno's repaired (even longer story).

She has lied three times about about seeking legal advice. FML....
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