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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 04-05-2010, 12:32 PM
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Angry Losing the house I built and 5 acres I developed

I built a house which was used as part of the down Payment. I also received a considerable payment for breaking my back at work. I put $40,000 as well to the mortgage. I cleared the property and developed 5 acres.We lived common Law 12 years in B.C. At the begining my credit wasn't good so the house went into her name. My credit is good now but she refused to put my name on title, instead I have a document signed by her and witnessed stating 1/2 of all property and assests as well as debt were to be split between 2 of us. She has since refused to sell and we are going to court. She also put her mother on title. She lived with her mother and stayed at a friends when we got together. She is disabled as well but I took care of her and the house, property. I went back to school and worked for different companies over the years. She has never worked. My lawyer has her signed letter, but she has all the paperwork. I live in a rented trailer paying twice my mortgage payments. I'm told I could lose my life's work and finances in court. Can this happen. I'm desperate. Advice Please. Thanks, also I'm new here so hello to all.
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Old 04-05-2010, 01:11 PM
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Most of us are not in BC so double check the laws in your province.

You both paid into the house, it is joint property. Depending on the law in BC, perhaps you will split it 50/50 or perhaps proportionate to what you put in.

Did her mother pay anything into the house? If not you will argue that her name on the title was just a ploy.

Make a reasonable settlement offer, check and double check where you stand in the law. If your offer is reasonable and lawful, then your ex will liable for some or all of your legal costs. Because it may be some, you should watch your file carefully and be aware of what your lawyer is doing on your case. Try not to waste billing time, make sure your lawyer is not making useless back and forth letters with her lawyer.

Have your offer to her right away, you won't get costs from the period where you hadn't made an offer. Be open to a settlement but don't be a doormat. When you deal with your lawyer have your questions all written down. make an appointment with his assisstant ahead of time, even if it just for a phone call and then keep focused on what you are doing. Treat everything you ask your lawyer to do like a golden bullet that costs $100's, make every shot count for something.
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Old 04-07-2010, 01:26 AM
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Thank you Mess, and yes her mother's name was a ploy. I placed a CPL on the property which here stops her and her mother from selling the house. I also picked the property for investment which is now increased 1/2 million dollars.
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