Unjust enrichment, Nova Scotia

[Kimberly]

I recently ended a 15 yr. common-law relationship. He had moved into my home that I owned before I ever met him. Throughout the entire 15 yrs. I paid all of the household bills, (mortgage, taxes, electric, heat, water, cable, phone, internet....ect) All of the bills and the deed are in my name only. He bought groceries and shared in the renovation costs of the house. He spent his money on 4 wheelers, a lawn tractor, a vintage car (plus restoring it), and bought approx. 33 acres of land on which he built himself a hunting camp. He has not spent a single penny on any house renovations for the past 5 yrs at least. He makes about $10,000 more a year than I do. I have 3 children from a previous relationship, we have no children together. My house is a modest century farmhouse on less than 1 acre of land. Last week I was served. He wants: equal interest or monetary award in the home property based on the principles of unjust enrichment, a monetary award equal to his contribution of materials and services to the home property based on quantum merit, prejudgement interest and costs.
Does he have a legitimate claim to my home? Do I have a claim to his land and camp?
As well, I am being harassed by his family. They are smashing beer bottles in my driveway and against my mailbox, driving by my house slowly for hours and his brother-in-law came to my door and threatened me. What can I do?

[blinkandimgone]

Originally Posted by Kimberly

As well, I am being harassed by his family. They are smashing beer bottles in my driveway and against my mailbox, driving by my house slowly for hours and his brother-in-law came to my door and threatened me. What can I do?

Take photos and document, file a police report, get a restraining order.

[ddol1]

I would advise to be carefull in facing these people head on or trying to get pictures or similar first hand - if things have gotten this far - you can't predict thier reactions.

You speak of everything in the past and it sounds like you are in a more remote area, no nieghbours right next door, did a third party witness the damage even if after the fact? After the fact witness can't be used to tie to any one person to any one of the acts you describe and that may or may not help you now. Did you take any pictures yourself??

Regardless of the above I would still call the police first - make the report if you can - I believe the police do not take to anyone being threatened harm in any way either on your doorstep or the implication of the drive bys which you maybe able to identify the vehicle used (that would not imply who was in the car automatically). I am speaking common sense over first hand knowledge of the laws enforced in Nova Scotia but at the very least your local police can identify the proper steps you should take for the safety of your family in the current circumstance.

A broken beer bottle may be a nothing event to some, but heaven for bid should one in the future be the direct cause of one of your children getting hurt.....

[lorlaman]

In a common law relationship his claim must be proven for unjust enrichment. He needs recepits and bank traces to prove your enrichment at his cost, its not automatic so let him try to fight it.

I would, if I were you, prove that he acted as a father towards your children if he did. Then he would be on the hook for child support.

Yes, call the police after EACH incident. You will at the very least leave a trail. Document everything especially dates and times.

[Kimberly]

Yes, he did act as a father to my children over the 15 years but they are now grown and on their own. I don't want anything from him in that respect, I just want him to keep his stuff and I keep mine and we go our own way.
Speaking of my grown children, my son did contact him and told him that his family needs to stop harrassing me. So far, this has worked.
I see my lawyer this afternoon. I have all my bank statements, line of credit statements and credit card statemnts for the past 15 years showing what I have contributed, which is substantially more than he has been able to prove on his side.
I am questioning "cost of occupancy", something I found while researching this on line. Basically it says that what it would have cost him for rent all those years should be taken into consideration. Does anyone know anything about this? I will be asking my lawyer about this today.
Also, by him dragging me through this I am currently having serious financial difficulties due to the high cost of lawyer fees. Can I recoup this cost from him if his claim is found to be baseless?
I am still curious as to the validity of my claim towards his property. I am saying that he could have never been able to afford these things if he hadn't been living free off of me. Does the principle of unjust enrichment apply to me as well?

[Kimberly]

I have seen my lawyer. I have all my bank statements, line of credit statements and credit card statemnts for the past 15 years showing what I have contributed, which is substantially more than he has been able to prove on his side.
It has been over 4 months now since my documentation was sent to his lawyer. I have not had a reply. Is there some type of "Statute of Limitations" to his lawsuit? Can he keep me in limbo forever? I would like to sell my home and get away from here but I can't with this hanging over my head.
I am questioning "cost of occupancy", something I found while researching this on line. Basically it says that what it would have cost him for rent all those years should be taken into consideration. Do you know anything about this? I asked my lawyer and she never really gave me an answer- I am wondering if she even knows the answer to this.
Also, by him dragging me through this I am currently having serious financial difficulties due to the high cost of lawyer fees. Can I recoup this cost from him if his claim is found to be baseless or if he drops the matter all together?
I do have a valid claim towards his property. He could have never been able to afford these things if he hadn't been living free off of me. The principle of unjust enrichment does apply to me as well.

[NBDad]

It's also known as occupational rent. Yes, it's a factor in your situation if he decides to pursue things.

You shouldn't have lawyer fees unless the lawyer is actively doing something on your behalf. You pay the retainer, they charge your account based on actions taken on the account. Sending the documents to the other lawyer/etc is like $100.

Has he moved out already? Did you make sure you gathered evidence regarding his "toys" and his camp? Simply document the valuation of the assets he accumulated. If they were acquired while you were together, you can argue for a share of them.

Has your lawyer made contact with his lawyer yet requesting a response. In your shoes I would instruct your lawyer to send an offer to settle to the other side, with a time limit on it.

Basically he keeps his toys, his camp, etc and you keep your house. If they respond and accept, great. If they don't instruct your lawyer to immediately move forward with the case and get it before the court. Remember to ask for costs if you go that far.

[Berner_Faith]

The waiting game sucks...my bf has been waiting 3 months for a response from his stbx pertaining to the mat home... do what NBDad stated and ask your lawyer to send another letter...

Not sure why you would have such high lawyer fees if nothing is going on?

[Kimberly]

Lawyers fees are in the thousands, costs from gathering all my info and photocopying! Had to make 3 copies of all my banking info and credit info for 15 years, then had to black out things that weren't pertinent. Everytime I ask my lawyer anything it costs big bucks. I am trying to gather as much info and questions together so I can ask in one sitting.
He moved out in November of 2010. He served papers to me in December 2010. Nothing has been settled as of yet.
Also found out that he bought an EXCAVATOR while we were together but kept it a secret from me and has it in his brother-in-laws name. He keeps it on his land where his camp is, btw where he is also building a house. The house is being erected since our seperation.

[Kimberly]

"Basically he keeps his toys, his camp, etc and you keep your house. If they respond and accept, great. If they don't instruct your lawyer to immediately move forward with the case and get it before the court. Remember to ask for costs if you go that far."

This was done 4 months ago to which I have had no reply. Can I force a reply from him? Can this be dropped if I bide my time and wait it out? This is where I question if there is a statute of limitations.