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Old 06-06-2006, 09:33 PM
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Cool Can any one help?? Common law night mare? ASAP ?

Hi there can any one help? My name is Shell currently I am attending school to be a paralegal my common law boyfriend has quite a story to tell and a lot of questions to ask this is almost been a bigger nightmare than any one can imagine, My boyfriend purchased a home with a female room mate with the intentions that at the end of a one year period she would sell the home to him at a fair agreed upon price last July 2005 when it came time for the sale of the home the nightmare partner (female) decided that she didn't want to leave it was her intentions that a relationship would result from this purchase and felt that if she left the home she would never achieve this, what she did next gives true women a bad name. She iniciated an argument when my partner left the room she followed him into the bathroom locked the door and stood in front of it, than she forced him to stand there while she made it threats and statements, my boyfriend warned her three times to let him out and after the third time he pushed her away from the door upon his removing her she fell hit her head on the tub he asked if she was alright offered to help her up and she said she was fine. She left the house went straight to the police station and filed a complaint with the police that she was assaulted, my partner was charged with common assault and was found not guilty in March 06. In the meantime this women sold or disposed of most of my partners clothing and belongings as well as the childrens belongings that he had purchased or accumulated himself. What she returned was very limited enough to humour the local police into believing that she did her part. There is over 10,000 worth of assets that are not common assets but the police say that in Ontario it is common law after one month and that it is all common assets however as we all know that it is not common law unless you have a child for three years! Why the local police did not lay a charge of unlawful confinement or theft as she misrepresented her self as his partner after he was removed from the home and picked up his new cell phone and used it. The police said it was an accident and it took 2 months to be returned. Not only has my partner been forced out of his beautiful new home but he sold his rental property and took a 10,000.00 loss in order to buy her out of the house deal and than she pulled all this causing him a 20,000.00 loss we have retained a CAW lawyer who is the cream of the crop here but some of this is not a cival matter and the police refuse to get involved in the retrieval of personal property. The party involved is not claiming this property as common property but declaring that it does not even exist!!! Even though my partner has the reciepts to all his purchases and can prove the police refuse to go to the home with him or go to look for it themselves and told him to file cival suit so far it has been all in favour of this women who cried wolf and my partner was proved to be not guilty!! If any one can help me figure out how to retrieve these personal belongings and get the police to listen that would be much appreciated. Shell
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Old 06-07-2006, 01:12 AM
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PS69,

welcome to the forum. That is quite a predicament that your bf has got himself into.


Quote:
In the meantime this women sold or disposed of most of my partners clothing and belongings as well as the childrens belongings that he had purchased or accumulated himself. What she returned was very limited enough to humour the local police into believing that she did her part. There is over 10,000 worth of assets that are not common assets but the police say that in Ontario it is common law after one month and that it is all common assets however as we all know that it is not common law unless you have a child for three years!
The 3 year common law that you are referring too is for classification of common law spouses and for spousal support purposes.

As an example, if a person lives with another person continuously in a relationship of some permanence for more than 3 years, they technically could take that spouses last name.

As listed in PART III of the Family Law Act R.S.O. 1990 c. F3.

http://www.e-laws.gov.on.ca/DBLaws/S...0f03_e.htm#BK1

1. (1) In this Act,

“spouse” means either of two persons who,

(a) are married to each other, or

(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”) R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1); 2005, c. 5, s. 27 (1, 2).



PART III
SUPPORT OBLIGATIONS

Definitions

29. In this Part,

“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne Ã* charge”)

“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,

(a) continuously for a period of not less than three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).

Overall, I think you would have to pursue the matter in small claims court for the belongings or in the Superior Court of Justice for a civil proceeding under rules of civil procedure depending on the value of the claim. Small claims court has a threshold value of 10K while Civil Court is open. Small Claims is much simplified.

http://www.attorneygeneral.jus.gov.o...c/b4aClaim.asp
http://www.attorneygeneral.jus.gov.o...cm/default.asp

Whatever is decided, you have to act fast. You have 2 years to submit the claim under statute of limitations.

http://www.e-laws.gov.on.ca/DBLaws/R...h/980258_e.htm Small Claims Court Rules

Rules of Civil Procedure
http://www.e-laws.gov.on.ca/DBLaws/R.../900194a_e.htm

and

Limitation Act

http://www.e-laws.gov.on.ca/DBLaws/S...sh/02l24_e.htm

lv
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Old 03-27-2011, 10:27 AM
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Hi, I was wondering if anyone knows this.If someone lived comon law for 9 years & they separated for 5 years now would anyone have to pay spousal support after being apart for so long.Thanks!
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