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 05-27-2009, 11:52 PM
Junior Member
 
Join Date: May 2009
Posts: 8
sherrijones70 is on a distinguished road
Default Just doesn't seem fair!

I have recently ended my 6-year common-law relationship. Three years ago, I decided to go back to school and received OSAP funding. I decided to purchase a mobile home with my funding rather than waste the money on rent. My spouse was the one who called the real estate agent and put the offer to her, so his name went on the bill of sale and mine was added to the deed. Now that we are seperating, he claims that he is entitled to half the property. I'm just wondering if there is any way around this since it was actually my OSAP that purchased it and I am held accountable to pay back that loan, not him. I mean why should I have to pay back my student loan AND have to pay him half of something he doesn't have to pay back???
Reply With Quote
  #2 (permalink)  
Old 05-28-2009, 12:10 AM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,881
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

I could be wrong but I think the DEED is the important instrument and your home is yours alone.

lv

P.S. Welcome to the Forum!
Reply With Quote
  #3 (permalink)  
Old 05-28-2009, 12:17 AM
Senior Member
 
Join Date: Nov 2006
Posts: 185
mominont is on a distinguished road
Default

Did you purchase the mobile home outright? If not who paid the mortgage payments?
Reply With Quote
  #4 (permalink)  
Old 05-28-2009, 12:20 AM
Junior Member
 
Join Date: May 2009
Posts: 8
sherrijones70 is on a distinguished road
Default

Thank you for the welcome ! The deed does have both our names but I do have proof that the OSAP was issued to me and put into my (sole) bank account from which a bank-draft was issued to the lawyer for payment of the mobile home. I'm hoping that will be enough proof.

Any advice or opinions welcome please!
Reply With Quote
  #5 (permalink)  
Old 05-28-2009, 12:21 AM
Junior Member
 
Join Date: May 2009
Posts: 8
sherrijones70 is on a distinguished road
Default

Yes I purchased it outright with my OSAP loan. No mortgage.
Reply With Quote
  #6 (permalink)  
Old 05-28-2009, 12:25 AM
Junior Member
 
Join Date: May 2009
Posts: 8
sherrijones70 is on a distinguished road
Default

Also, maybe worth the mention, just over a year ago, we had some debts that needed to be paid up so we sought out a private loan ( a lien was placed on the mobile home). The loan is in both our names but I make the payments out of my monthly NCBS and they are taken from my bank account each month.
Reply With Quote
  #7 (permalink)  
Old 05-28-2009, 12:29 AM
Senior Member
 
Join Date: Sep 2008
Posts: 1,395
billm is on a distinguished road
Default

Quote:
Originally Posted by sherrijones70 View Post
...I mean why should I have to pay back my student loan AND have to pay him half of something he doesn't have to pay back???
Sounds logical, what does he say in answer to this statement?
Reply With Quote
  #8 (permalink)  
Old 05-28-2009, 12:33 AM
Junior Member
 
Join Date: May 2009
Posts: 8
sherrijones70 is on a distinguished road
Default

He says he doesn't care he is not leaving with nothing and he is going to take half of everything because he wants me to hurt as much as I have hurt him (meaning that I was truthful with him about "not being in love with him") even if it means that I have to sell and move into a 1-bdrm apt. with 3 kids
Reply With Quote
  #9 (permalink)  
Old 05-28-2009, 12:37 AM
Senior Member
 
Join Date: Nov 2006
Posts: 185
mominont is on a distinguished road
Default

I don't think he stands much of a chance to get half of the mobile home.
Reply With Quote
  #10 (permalink)  
Old 05-28-2009, 12:56 AM
Junior Member
 
Join Date: May 2009
Posts: 8
sherrijones70 is on a distinguished road
Default

I don't think so either, but he seems pretty sure of himself. And I mean I was trying to be nice. I have two vehicles in my name and I told him he could have them both and anything he wanted in the home (aside from the kid's stuff) as long as he left me the house so I would have a home for my kids.
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
Spousal Support...good or bad.. jlalex General Chat 32 07-22-2010 06:33 PM
fair property division kevin2009 Divorce & Family Law 2 04-29-2009 08:45 PM
Common-law relationship failing - Want to be fair! c5j3w Divorce & Family Law 4 01-07-2007 01:06 AM
What is fair in Child Custody? Divorcemanagement Political Issues 23 12-11-2006 05:27 PM
Child Support Guildelines Aren't Fair Decent Dad Political Issues 10 01-31-2006 12:57 PM


All times are GMT -4. The time now is 06:28 AM.


Content Relevant URLs by vBSEO 3.2.0