Unjust Enrichment

[girlzden]

My ex's lawyer is trying to go on this angle....does anyone have any info about unjust enrichment...how to prove it....as I feel that my ex has been unjustly enriched not the other way around.

Also, what about dissopation of assests?? (Not sure of the spelling here).

What they are also trying to prove, is that we, as a common-law couple, we're functioning as a "family unit", akin to a marriage....thereby, we must have commingled our finances...therefore.....my assests are her assests and her debts are my debts.

Now, as far as the debts go...am I required to pay for such purchases as gas, lunches out with her friends, cash advances, car repairs?? Their lawyer is saying that these purchases were for the "benifit of the family", therefore, I am required to pay them. Is this correct?

[god knows the truth]

Holy cow it seems like they'll try anything--did she at least bring you a doggie bag from the restaurant where she dined with friends. Ha.
unjust enrichment is when one party benefitted from somthing at the other party's detriment. ex if a girfriend/boyfriend owned a house, you lived there, paying 50% of everything i.e. all things being equal, and you built an extension onto the house. You split up and she keeps the house, you could sue for unjust enrichment.
The plaintiff mustestablish 3 things:
1) the defendant was enriched(benefitted)
2) the was a corresponding deprivation or cost to the plaintiff
3)The absense of any just reason for the enrichment.

It's based on some "legal principle that a man ought not to get an advantage without paying for it". So much helping your fellowman out of the goodness of your heart.
Anyway hope I helped a little ---maybe a legaleze, like jeff or lindsay can enlighten you more.

[sasha1]

I do have some info on this subject.. I've got a couple kiddos who're sick right now, though, and my computer time is sporadic.. just wanted to let you know that I've got some specific info on unjust enrichment, and I will get back to you with some links and quotes, ASAP!

[girlzden]

Thanks Sasha,

I look forward to your reply and any information that you may have regarding this.

[sasha1]

Oops, sorry! I forgot to get back to this.. will do shortly!

[sasha1]

Well first, here's a link to Jeff's words of wisdom about unjust enrichment..

http://www.common-law-separation-can...enrichment.htm

[polar]

Jeff, wise man!
Is that his site?

[god knows the truth]

wow, for not being a lawyer i think i described unjust enrichment pretty well,if I do say so myself.
After reading Jeff's link, i'm gonna toot my horn ha. thanks for allowing me to have a 'moment'ha

[sasha1]

Funny how "educated" we become, huh?

Yes, Polar, that is Jeff's site. Here's a link to the home page:

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

[Tim]

I have not seen Jeff's site before, I like it though.
Plenty of very useful information there, he really is an authority on the subject.