referal for good lawyer WELL versed in common law

[shellshocked]

HI - new to this and in a real pickle.
Role reversal and feeling like I am about to be fleeced for everything I have worked for because I was stupid enough to get knocked up by a dead beat ( ooops sorry a little bitterness coming out)
bottom line
- we are common law 10 years
- I owned the house prior to our relationship but he feels he has 50% ownership b/c of kids involved
- I make more money while he has had a great time essentially freeloading

I would really like if anyone knows of a really good lawyer well versed in common law issues as I have now been threatened with ss as well.
I live in the Ottawa Area
any help appreciated

[bcbushboy]

As far as I know, in clr property division, what you come in with you leave with so he wouldn't have any claim on the house. Is the title solely in your name?
If he wanted a piece of it, he would have to claim constructive trust - ie. prove that he contributed to the increase in equity via financial/mortgage payments, repair, maintenance and therefore is entitled to a % of it based on his contribution.
Did he stay home and take care of the child? Who will have custody? Is he capable of working? Did he have a job at start of clr? Did you have a joint bank account etc? Were you in a marriage-like relationship - ie. take trips together, buy assets together etc. Was he dependent on you financially for clr?
As far as a lawyer in Ottawa - not sure - I went and bought the CanLaw database of Canadian lawyers on the internet $10 - and searched for firms who specialized in Family Law. Also went to WestlaweCarswell and got 30 day free trial to research precedence/case law to see how similar situations were determined in court. Asking friends who have been there, or know someone who has, is a good idea too.

[tombiosis]

All of the above will be taken into account for sure...
As far as lawyers go, I know a few good ones...PM me if you like, I am also in Ottawa.
Keep in mind that you can find answers to alot of your questions for free...this site, books and many other research tools including asking others who have been there before can save you tons of $$$...some lawyers will let you do your own sep. agreement then just put it into legalease for you. You should try to keep the equity you have built for you and your child...believe me, lawyers could end up with all the money you thought you were fighting for in the first place.

Stay child focused, document everything, and do not display bitter emotions when dealing with your situation...hard, I know, but you can do it.
good luck!

[FL_Needs_To_Change]

- we are common law 10 years
- I owned the house prior to our relationship but he feels he has 50% ownership b/c of kids involved

Generally in a CL relationship the onus would be on him to bring forth a claim of unjust enrichment. Whereby he would have to demonstrate that during the 10years his physical work on the place or maintenance thereof either contributed to the equity of contributed to increased equity. He does not have to physically contribute monetarily to be considered for the split of the equity that the home gained over the 10yrs.

I would not leave the home however, and I would seek to have CS established based on his employability. IF he was employed any time during the relationship or was capable but just didn't, then request that the courts input an income based on his history and education.

There is a possibility that he hay win a claim for spousal support since you have basically established a status quo with him not working and depending on you. If the roles were reversed, the courts would have no problem granting SS given hat the relationship lasted 10years.


I wish you all the best.