Debt in a common law realation ship

[by569]

We are in the middle of a seperation. and i am under the impression that my partner will pull her funds from our joint bank account. i was told that i should consolidate all of our debt into one payment to protect my credit rating in case im unable to pay all the debt.. Most of the debt is in my name only. We have been living togeather for 10 years. So all debt is both of ours. Im just worried if i consolidate i will never see the 50% of the money that is owed to me????
please help
thanks Adam

[Eckhart]

Hi,
your situation is pretty much like mine. I have been living with my ex girlfriend for 10 years, the last seven years living in Toronto then Hawkesbury in order to persue her dream, which was to become a licenced Naturopathic Doctor.

To make a story short, I basically paid everything during those years, liquidating all my assets and amassing a huge amount of debt at my name.

When she left, she promised me to pay me back $ 40,000 in order to help me avoid bankruptcy, but after she moved all her stuff and move in with her new boyfriend, then her debt became mine.

I then hired a lawyer, and manage to find most of my receipt for all those years, in order to be able to prove the total amount of money that I am asking her to repay, in order to assume her responsability towards 50% of the accumulated debt.

I was able to prove that she owe me over $ 143,000.00.....

But there is a huge problem..... She does not have any assets to her name, maening that I cannot sue her....

My lawyer is now looking at the possibility of asking for an allimony, since even though I make a far more larger income than her, after paying all the debts, I manage to clear $ 800.00 per month( even though I am making close to $ 90,000 per year), while she approximatively manage to make around $ 2,500 per month (after income taxes and expenses) from her practice.....

So, if your ex has any assets (house, RRSP's, pension fund, etc.), you may have good chances at recuperating some of the money that she owes you, claiming "unjust enrichment" and "deprivation", but if she does not have any assets, I am sorry to say that you are, just like me, condemned at paying it by yourself, while she will live a worry free life, like Anouk.

Good luck my friend....

Eckhart

[logicalvelocity]

Hi,
your situation is pretty much like mine. I have been living with my ex girlfriend for 10 years, the last seven years living in Toronto then Hawkesbury in order to persue her dream, which was to become a licenced Naturopathic Doctor.

To make a story short, I basically paid everything during those years, liquidating all my assets and amassing a huge amount of debt at my name.

When she left, she promised me to pay me back $ 40,000 in order to help me avoid bankruptcy, but after she moved all her stuff and move in with her new boyfriend, then her debt became mine.

I then hired a lawyer, and manage to find most of my receipt for all those years, in order to be able to prove the total amount of money that I am asking her to repay, in order to assume her responsability towards 50% of the accumulated debt.

I was able to prove that she owe me over $ 143,000.00.....

But there is a huge problem..... She does not have any assets to her name, maening that I cannot sue her....

My lawyer is now looking at the possibility of asking for an allimony, since even though I make a far more larger income than her, after paying all the debts, I manage to clear $ 800.00 per month( even though I am making close to $ 90,000 per year), while she approximatively manage to make around $ 2,500 per month (after income taxes and expenses) from her practice.....

So, if your ex has any assets (house, RRSP's, pension fund, etc.), you may have good chances at recuperating some of the money that she owes you, claiming "unjust enrichment" and "deprivation", but if she does not have any assets, I am sorry to say that you are, just like me, condemned at paying it by yourself, while she will live a worry free life, like Anouk.

Good luck my friend....

Eckhart

I have to agree. Litigation of unjust enrichment claims are always not so black and white and is more or less a grey area of family law. These types of claims are problematic as it may cost thousands to litigate. i.e. Spend 50K to litigate for 20K, or get nothing at all. It really is a judgement call by the individual to pursue the action.