Common law and "unjust enrichment"

[rockscan]

This is almost like the people who complain about wasting money on rent or those who say its cheaper to rent than own.

You made a decision to move into her house. You chose to pay for things around the house. You had an agreement (whether you admit it or not) that you would cover expenses. There is no case. Cut your losses and move on. Make better decisions going forward.

[HammerDad]

I agree with most the others here. You need to change how you are looking at the money transferred. You are currently looking at it as a loan or an investment, when you should be looking at it as room and board.

[OrleansLawyer]

there are protections in Ontario for this.

Not really. There are equitable claims (in every province), which are not specific to Ontario, with an unjust enrichment claim.

They are uncommon for two reasons:
1 - they often fail
2 - they are expensive to pursue, with the onus on the party who lost out. That person probably cannot afford to fund the litigation and so they either settle or give up.

I can also prove she has become "unjustly enriched" by my contributions.

What is 50% of the decrease in mortgage over the 4 years? That would appear to be her enrichment from your contributions. Not your total payments but the increase in equity from mortgage being paid.

However, is that unjust? You were allowed to live in her home otherwise rent free. $50k over 4 years is a pretty good deal for total living expenses.

Paying 50% of things like groceries will not be factored in, you needed to eat regardless.

My question was weather or not its worth the court hassle.

Probably not. You do not seem to have a very strong case and if she fights it you would be almost certain to spend more than the potential value.

[standing on the sidelines]

forget about the bills for consumable things like hydro, food etc. If you take those bills out, what did you pay for mortgage, property taxes and maintence?

[Jelloman]

two questions for you. First why wasnt your name on the mortgage etc and second what do you consider bills?

She wanted to buy before I was ready. I wanted to pay down some debt first. So she went to see if she could get approved on her own.
I paid bills such as gas, electric, water.

Anyways, there are protections in Ontario for this. Which is why I mentioned a common trust. It was a joint family venture, I can prove that. I can also prove she has become "unjustly enriched" by my contributions. My question was weather or not its worth the court hassle. One person stated its not, so I'll go with that. I figure a lawyer is going to give me false hope anyways since they want to get paid....

[kate331]

Usually as an adult you don't get to live anywhere for free unless its in Mom & Dad's basement.

[good_mom]

Her having a business has nothing to do with the house...do you have kids together? Then that can be something.

Every person has a cost of living…. food, clothing utilities, and rent/mortgage, etc.
If you paid that in lieu of her making other payment...then walk away.

You can't make a claim base on well if I would have...you are an adult who made an adult decision at that time. Yes, you could have had a home of your own but you choose to live with her and pay her instead of getting your own home. Done move on with your life.

[standing on the sidelines]

two questions for you. First why wasnt your name on the mortgage etc and second what do you consider bills?

[Jelloman]

probably good to provide specific dates (timeline) for readers on here

confusing.. for example, you lived common law for 7 or 4 years? 4 years living
When did you purchase the home? 4 years ago
Whose name was the mortgage under? Who paid the down payment? her name. I gave her 5k at the time
When did you transfer the 50k? over the course of the 4 years. Joined bank accounts, I transferred $$ to her for mortgage and paid bills. She also ran a business out of the downstairs part time.
When did you separate? mid May 2018
Did you formalize your offer in writing? asife from emails back and fourth, no. Was waiting for her to meet for separation agreementWhen?
Did she reply in writing? see above When?

With these details people can give you advice.

I also did some work to this house and bought several appliances which stayed there. It's not considered "rent" as there was no agreement there and this was a joint family venture.

[kate331]

Look at it this way, you spent $50,000 over 4 years, that comes out too just over $1,000 a month. So basically you paid that in rent money to her.

[Tayken]

I was in a common law relationship (together for 7 years, lived together for almost 4 years). We moved in together when she bought a house and I paid half the mortgage and bills. I paid for and performed minor repairs around the house. As well, some appliances were bought under my name and we each paid for them. I retrieved the bank records and between the mortgage and bills, I had transfered almost $50,000 to her. We were planning on renovations before we split up.

When we split, she said she wanted me to move out in two weeks. Although not ideal, I manged to do so. I took with me my belongings (truck, boat, snowblower) and my dog.

Initially she had agreed to have a separation agreement done and after some argument, she agreed to pay me $20,000 to make up for some of the money I had put in (the house has also increased in value by roughly 25%).

After seeing no action on her part, I had asked her about it. She said she changed her mind and is not giving me any money.

I know there are some avenues I can take in order to make a claim (unjust enrichment/common trust), but how likely am I to win such a claim? Is it even worth it?
50k is one thing, but I could have been buying my own house in that time frame, so the wasted time is more of a loss.

If all you are owed is 50,000 then, I would recommend you cut your losses and move on. Treat it as a life lesson. The legal costs to extract the 50,000 will far exceed that. Claims for unjust enrichment are complex and require significant legal experience. You will likely pay 350-550 an hour for a lawyer. Just getting to a motion may cost you upwards of 25,000. A motion, if done properly, could cost you 35,000 on the matter.

Pennywise... Pound foolish.

[arabian]

probably good to provide specific dates (timeline) for readers on here

confusing.. for example, you lived common law for 7 or 4 years?
When did you purchase the home?
Whose name was the mortgage under? Who paid the down-payment?
When did you transfer the 50k?
When did you separate?
Did you formalize your offer in writing? When?
Did she reply in writing? When?

With these details people can give you advice.

[Jelloman]

I was in a common law relationship (together for 7 years, lived together for almost 4 years). We moved in together when she bought a house and I paid half the mortgage and bills. I paid for and performed minor repairs around the house. As well, some appliances were bought under my name and we each paid for them. I retrieved the bank records and between the mortgage and bills, I had transfered almost $50,000 to her. We were planning on renovations before we split up.

When we split, she said she wanted me to move out in two weeks. Although not ideal, I manged to do so. I took with me my belongings (truck, boat, snowblower) and my dog.

Initially she had agreed to have a separation agreement done and after some argument, she agreed to pay me $20,000 to make up for some of the money I had put in (the house has also increased in value by roughly 25%).

After seeing no action on her part, I had asked her about it. She said she changed her mind and is not giving me any money.

I know there are some avenues I can take in order to make a claim (unjust enrichment/common trust), but how likely am I to win such a claim? Is it even worth it?
50k is one thing, but I could have been buying my own house in that time frame, so the wasted time is more of a loss.