Sticky Seperation

[epardy]

I was with my ex-boyfriend from October 2007-March 2010. We cohabited together from April 2008-March 2010. During the entire relationship, there were no joint debts accumulated, only shared money. My ex had an outstanding debt owing to his parents. They provided him with a line of credit which included his post secondary schooling prior to our relationship and any debts absorbed during our relationship. I contributed to the payments on this credit line because i was in the relationship. There was only ONE payment made to me from the line of credit (my visa), which I paid back over the course of our relationship in monthly contributions.
The total debt amount upon our separation was at roughly $20,000 (a newer vehicle which was in his name, another vehicle purchased in his name, his visa numerous times, his schooling etc.)
He asked me to pay him small monthly contributions over the span of 1 year and he would leave me alone. This money would be applied to his debts. I did not want to keep him in my life for a year so instead I said, I would give him the entirely contribution, by buying his car. I paid him a total of $2750.
1 year later, his parents (whom the debt's in their name) contact me asking me to make monthly payments or else they'll pursue legal matters. I am now going through small claims for half of the total amount when we separated. This was just over $10,000. We've bickered back and forth and I've filed my defense AND my own countersuit for mental hardship and the money I paid on the line of credit to be issued back to me. I severely feel this is a personal attack brought on by his PARENTS (this is just the type of people they are). I have the settlement conference in two weeks and I'd like more information as to common-law laws and how it can hurt or benefit me.

Like I mentioned, some strong points to remember are;

- living together from April 2008-March 2010
- No shared/joint debts (only shared money - which went to his debts)
- filed a small claims 1 year after the separation, despite a verbal agreement between my ex and I
- The debt isn't in my ex's name (which is the person who is suing me), it's in his parents' names.
- NO dependents
- I walked away from the relationship with my clothes. He had all of our belongings (furniture, any assets).
- I've paid him $2750

I would live any information or advice from anyone who knows more information about Common-law (and if I'm even classified as that). We never filed for Common law taxes (and his mother did our taxes.)

[AtALoss]

PM me and I can forward you some reading material. Sounds to me though that you are getting a bit of the short end of the stick.

[Mess]

Are you in Ontario? The law depends on the province.

In Ontario there is no shared debt or assets under family law.

You only made one withdrawl from the line of credit, which you can show you paid back? Do you have banking records? They have no hope if you do.

I doubt you would get back the amount you paid in, but I would certainly show it since they are being such asses.

[epardy]

I am in Ontario. What do you mean by no shared debt or assets? The one withdrawl I can show on my Visa statement that the funds were provided for me. As for the payment, it came out of our shared bank account so I definitely have statements that would show money going to his parents and exactly how much.

That's the reason why I created my countersuit to stop his harassment. Or at least in hopes of!

[Mess]

You weren't married. You were common law spouses. The only issues between common law spouses are the possibility of spousal support, and federal pensions and benefits are calculated together.

There is no co-mingling of property or assets. There is no marital property or equalization of assets like there is with a marriage.

If you had a joint bank account, the funds are still joint as long as the account is open. If one of you cleans out the account they would owe half of that money to the other.

If you had joint debt that was in both your names, for a car loan, a mortgage or a line of credit or credit card, you both equally share the debt.

In both cases, bank accounts or debt, you share not because you were common law, but because they were joint accounts in both your names. If you had a joint account with your brother it would be the same thing.

If you borrowed money from your ex and it came out of his line of credit account, that is money you owed him because you borrowed it, not because the line of credit was in any way shared. If you paid him back and you can show it, then you owe him nothing. If you can't show it then it is his word against yours. Having a paper trail through the banks is important if they are challenging you in court.