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Household possessions

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  • Household possessions

    When I seperated from my common-law spouse of 8 years a little over 8 months ago I was the one to move out. Before I left I went around the house with a pad and pen and wrote down what i wanted. I did after all pay for 50% of the items in this house over the last 8 years. I sat and talked to him about the items on my list. The entire time I listed items he was hemming and hawing about how I was trying to take everything from him. It was sad and pathetic. I ended up leaving the house with a mattress that I purchased myself, our inexpensive dining room table and one book shelf. He wouldn't let me leave with anything!
    He still has a fully furnished 4 bedroom home. I couldn't furnish a two bedroom apartment. Because he wasn't paying child support i could barely afford to furnish my place.
    Here it is months later and I"m attempting to get my $2000 fish aquarium that has been sitting in a spare room at his mothers house for 3 years. I bought this aquarium.
    He is not letting me take it! He let me take nothing! He still won't let me have anything. I'm so mad I don't even know what to do.
    What are my rights as a common-law person in Ontario? I saw something about being 'unjustly enriched' but that only seems to pertain to large items like homes and vehicles. Does it include furniture?

  • #2
    Your property is your property, the fish aquarium should be returned or you charge them with theft. It shouldn't go that far.

    You've done a good job so far, you need to take it a step farther. Make a formal typed list of items and the estimated worth (current value, for example if you bought a similar used item on Craigslist. If you're not sure, if something is several years old but in good condition estimate it at 60% of purchase price.)

    Make the list comprehensive of all items that were bought together with a grand total. Like this:

    Couch $400
    Kitchen Chairs (4) $200
    Microwave oven $30
    etc ______
    Total: $630
    You then make a separate list of items that you own like the aquarium. You attach both lists to a cover letter. You state that you require the items you own outright to be returned to you within 7, or for him to state a date and time when they will be available for pick up. You state that if not you will be persuing criminal charges for theft.

    For the list of shared items you state that he has the option of paying half the value of the items, or agreeing to a split of the items so that you each receive equal value. You assert that if he does not agree to an equitable split of shared belongings you will be persuing the matter in small claims court.

    Send the letter registered mail.


    • #3
      Great advice! I can do this....


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