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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 04-28-2011, 09:25 AM
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torontojack is on a distinguished road
Default SS for a new grad? That can't be fair!

I've spent the last 3 days reading the majority of posts in this forum and I have to say it's been a HUGE help. Bravo.

So my situation:

I've lived with my gf for just over 3 years which now makes us CL. I recently purchased a new condo in August of 2010 and she moved in with me. Prior to that, we were renting an apartment. It's worth noting that we've been "dating" on and off for 7 years. During that time I moved away for a year, came back, we broke up for a year, etc.

So, the condo is in my name as well as all the bills. She provides me with $460 a month as sort of "rent" which I put towards bills. This $460 a month covers approximately 18% of the overall mortgage and hydro/cable/condo fees.

Specifics:

-I make $90K a year and pay for everything for us
-I dropped out of University so "technically" I have NO education
-We have no assets together. No joint accounts. In fact, I have no assets other than my bicycle and condo.
-My girlfriend just finished school with 2 degrees and a masters but is working P/T retail and reception while she searches for a job. She makes about $20K a year.
-If she finds a job, she'll be making roughly 50-60K right out the gate. She isn't too excited to work and has made this quite clear to me. Her efforts to find employment are somewhat lackluster.
-My GF has an 85K OSAP debt and is in collections from everything ranging from UofT 5K debt to Rogers 1K debt. She has zero credit so it's not like she could even rent an apt on her own with such poor credit.

So, I don't want to leave her out in the cold and I've offered to pay her first and last and a couple hundred a month for the first year but for some reason her and her dad think they can, in her words, "come after me" for a lot more.

Her ability to support herself concerns me which is why I offered to chip in monthly as well as pay for her first and last.

So... Any ideas? Am I screwed here?

Maybe I wait until she finds employment to truly break it off?
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Old 04-28-2011, 11:40 AM
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They can try to come after you for the sun, the moon and the sky. They will have to prove entitlement, which will probably be very limited.

You are common law so the house is in your name, she has no entitlement to that. The debts in her name are hers also, she cannot put them on you. You supported her through her education, so she benefitted by the relationship.

You probably have a very limited obligation to pay her any ss. To be honest, if the relationship is done, I would boot her out ASAP before you get caught in some trap (either a false DV claim which puts you out of your own house or you sleep with her "1 last time" and she ends up pregnant).

Others here are better at the common law stuff then me, but I wouldn't think she has much right to anything.
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Old 04-28-2011, 12:40 PM
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I would agree with hammerdad and I think it's disgusting that her and her father are in cahoots to try to "get" something from you. I really don't know anything about common-law but I do know that court is expensive. I would get out of the relationship immediately as suggested above. If she lawyer's up then you start considering what if any you are willing to pay in ss in order to avoid costly court fees.
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Old 04-28-2011, 02:09 PM
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Start sleeping in separate bedrooms if you haven't already. Look at what the due process is to have her evicted from the home. (She's essentially a tenant renting a room from you) if you want to go THAT route with it.

Follow that, then if she doesn't leave accordingly, simply change the locks and have her stuff moved into storage.

Alternately, just wait until the day before her payday, then change the locks and move her stuff to storage while she is out. Have a motel room booked for her on your credit card nearby and have it covered for 2 weeks. Gives her two pays to get her shit together. Give her the information for the storage facility, leave the key at the reception desk and tell her you will pay it for whatever the minimum amount of time you are required to by law. After that it's HER issue to either pay the storage fees or get her crap out.

Honestly she has 0 entitlement to spousal from what you describe. She paid minimal rent and got to acquire 2 degrees on the cheap that will clearly benefit her. You can argue there is no wealth to transfer as she got a superior quality education in exchange.
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Old 04-28-2011, 06:24 PM
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I like what NBdad says, but don't book the motel room on your credit card. If she trashes the place you'll be on the hook for damages.

If her dad is that supportive, he can put her up for a few weeks until she gets a new bf.
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