is my settlement money gone now?

[pinkhorse]

I had been in a commonlaw relationship for over 20 years with one child. I received a sum of money due to a car accident, and I'm on disabity. I had used most of the money to pay off our home and had done many upgrades. I also paid off many of my Ex's debts, in which he was able to purchase new items. These items were placed in his name only, but I'm responsible for half the debt. My lawyer said that my settlement money is gone and the best I could do is get half of everything, which seems very unfair to me!! I know about the unfair enrichment, but my lawyer is now overlooking that and wants me to settle for half, thats only half of my settlement money! Am I out of luck? is my lawyer right about me not getting my money back?

[logicalvelocity]

pinkhorse,

welcome to the forum,

as you mentioned,

I had been in a common law relationship for over 20 years with one child.

I presume your in Ontario, therefore you may be entitled to spousal support.
with means and needs being the determining factor.

I'm on disability.

Having some sort of disability suggests that you have need. I'm not clear as if the other has means.

I received a sum of money due to a car accident, .... I had used most of the money to pay off our home and had done many upgrades. I also paid off many of my Rx's debts, in which he was able to purchase new items. These items were placed in his name only, but I'm responsible for half the debt.

When you say "OUR"; Is the home registered in both parties name? If it is then the value of said home would be equalized. If the new items purchased are in the individuals name, most likely the associate liability is also in their name solely therefore making them sole responsible for such. However, if you co-signed the loan or liability, you could be 100% liability if they fail to make payment for such.

but I'm responsible for half the debt

You're only liable if you signed the loan or other documents.

My lawyer said that my settlement money is gone and the best I could do is get half of everything, which seems very unfair to me!!

I believe your settlement money is gone. I also have some suspicions that it may be difficult and very expensive litigation to get half of everything considering your common law status at law. You appear to have grounds to bring forth an unjust enrichment claim along with spousal support and perhaps child support.

I know about the unfair enrichment, but my lawyer is now overlooking that and wants me to settle for half, thats only half of my settlement money! Am I out of luck? is my lawyer right about me not getting my money back?

I can't see how the lawyer could overlook an unjust enrichment claim with a goal of net equalization. In common law relationships breakdown; there is no net equalization.

see this QA of Jeff's found here:

http://www.common-law-separation-canada.com/

lv