Does anyone here have any experience or knowledge on unjust enrichment?
My ex is claiming a resulting trust based on common intention on the home I purchased just as we separated. I just read a Supreme Court of Canada decision from last year that states that type of resulting trust can longer be used in property disputes in family court - instead he will likely have to use constructive trust and unjust enrichment.
My question is - how does unjust enrichment work? Everything I can find on unjust enrichment is related to one person providing a service (ie; looking after the child) while the other person worked. So the enrichment occurred while the couple was together.
In my case, I purchased a home using money that we had jointly set aside. Some of that money, was of course my ex's. Since we were already separated when the purchase of sale was completed - does this qualify for unjust enrichment ? Or is it considered a loan to be repayed?
If it does qualify for unjust enrichment then what type of payout could I expect to be ordered to pay if I was the only one who paid the bills and maintained and renovated the home? His only contribution was 30% of the downpayment and fees.
I need to figure out an appropriate offer to settle but I can't find anything that seems remotely close to our situation.
Thanks!
My ex is claiming a resulting trust based on common intention on the home I purchased just as we separated. I just read a Supreme Court of Canada decision from last year that states that type of resulting trust can longer be used in property disputes in family court - instead he will likely have to use constructive trust and unjust enrichment.
My question is - how does unjust enrichment work? Everything I can find on unjust enrichment is related to one person providing a service (ie; looking after the child) while the other person worked. So the enrichment occurred while the couple was together.
In my case, I purchased a home using money that we had jointly set aside. Some of that money, was of course my ex's. Since we were already separated when the purchase of sale was completed - does this qualify for unjust enrichment ? Or is it considered a loan to be repayed?
If it does qualify for unjust enrichment then what type of payout could I expect to be ordered to pay if I was the only one who paid the bills and maintained and renovated the home? His only contribution was 30% of the downpayment and fees.
I need to figure out an appropriate offer to settle but I can't find anything that seems remotely close to our situation.
Thanks!
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