unjust enrichment

[HappyMomma]

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!

[FightingForFamily]

This sounds really bad from what you're telling us.

You were separating, so you ran to the bank, took all the joint assets before they could be split, and used them to purchase a house to try and protect them?

The logical offer to settle is that you sell the house, pay him all his money back, and pay his legal fees for being such a crook :P

I'm hoping there's more to this than I'm reading, because it sounds criminal.

[HappyMomma]

This sounds really bad from what you're telling us.

You were separating, so you ran to the bank, took all the joint assets before they could be split, and used them to purchase a house to try and protect them?

The logical offer to settle is that you sell the house, pay him all his money back, and pay his legal fees for being such a crook :P

I'm hoping there's more to this than I'm reading, because it sounds criminal.

Thanks for being open minded - there is indeed more to it. The house was originally to be for both of us - but between the firming up of the offer and the actual closing date he decided to leave. It wasn't possible to back out of the deal at that point. The house was in my name only because he was self employed and had not done his taxes in years. I've already paid him back his portion of the down payment - I'm just wondering what else I'm on the hook for.

[ddol1]

just judging from what was entered in my claim(s) the lawyer stated that a fair rate of interest might be payable. Sounds like you did not have it very long and it seems that in the game of Divorce the ramafication of wrong doing is nothing to a slap on the wrist.... IMO !!!

More important would be any future decision may be influenced by the lack of integrity by taking the other peoples money - they had the right to say no and if you both entered an intent to purchase and you then did not have the funds to complete the transaction you both would be liable for 1/2 the penalties to back out oof the deal.

[standing on the sidelines]

Thanks for being open minded - there is indeed more to it. The house was originally to be for both of us - but between the firming up of the offer and the actual closing date he decided to leave. It wasn't possible to back out of the deal at that point. The house was in my name only because he was self employed and had not done his taxes in years. I've already paid him back his portion of the down payment - I'm just wondering what else I'm on the hook for.

so he got back every last cent of the money the was partly his?

Just wondering if because it was bought before you separated that it would be considered the marital home??

its always possible to back out of the offer to purchase.

[HappyMomma]

so he got back every last cent of the money the was partly his?

Just wondering if because it was bought before you separated that it would be considered the marital home??

its always possible to back out of the offer to purchase.

Yes, he got back his money. We weren't married so it was not the marital home.

Of course I could have backed out but I would have lost the deposit, been responsible for all the seller's fees/trouble, etc and would have been sued. You can't back out that easily.