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  • Is it worth it?

    Hi, all...
    Back in February, My girlfriend and I split up. We had been together about a year, more or less. At the time she asked if she could stay until school finished for her kids, I agreed. Well, this past thrusday, without notice, and while I was at work, she moved out. She took all thing she brought with her, that's ok. She took all light fixtures, central vacuum, rugs, blinds (she bought them, so I guess that is right). But, she also took, a leather sofa, which I bought and paid for (I have receipts). A dresser, which was mine from before we met. A large TV that my parents gave me. she also took a barbeque, which she gave me as a birthday present, But, she also didn't return the expensive watch I gave her as a gift. She also took, all sorts of little things from the house, which were more of a spiteful nature.

    She and her brother had done work on the house, so I gave her 4,000 cash, I let her keep my van that she used, A cell phone I bought for her. I also let her stay in the home rent and utilites free since February.

    I'm very ticked about the sofa and TV (and the other items she took that were mine). I called the police to see about theft charges. They said because we were together a year, we are considered common law. (I'm in oshawa, Ontario). They said they could not charge her with anything, because I had purchased the sofa when we were together, even though we never had joint bank accounts. So it could be considered splitting of assets. They said I should try to contact her and ask her about it.
    I did, and asked her if she would return my property. She responded, she didn't know what I was talking about and hung up. I want to keep our interaction as infrequent as possible.
    What options do I have now?

    Since, the police say, we have shared assets, Can I withdraw money from her account? I have access to it (although it is not in my name?). I really didn't want to do that, but if she is going to play those games....

    Any advice would be appreciated.
    Sorry for venting.

  • #2
    viglnt,

    welcome to the forum

    You could perhaps bring an application in small claims court for the value of your tv and sofa.

    Since, the police say, we have shared assets, Can I withdraw money from her account? I have access to it (although it is not in my name?). I really didn't want to do that, but if she is going to play those games....
    If it is a joint account whynot. However if the account is in her name only, and you make a withdrawal without her permission, this would be considered fraud.

    Why not take steps to take your van back. It must be still in your name.

    lv

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    • #3
      Hi viglnt,

      I called the police to see about theft charges. They said because we were together a year, we are considered common law.
      That's frustrating. Firstly, you are NOT considered common law until you have been continuously cohabiting with your spouse for three years, or have a child together. Secondly, even if you were actually common law, those items would still be solely yours upon separation, because you bought them without her contribution. The police's argument your ex can take whatever she wants simply because you were common law (which you weren't), is ridiculous.

      From the stories I've seen on these forums, it seems to me that dealing with the police can be next to impossible. I just read a thread about spousal abuse (wife abusing the husband). Another member said that he asked a police officer what would happen if a husband reported abuse by a wife, and apparently the police officer said, "When we stop laughing we'll make a report." While I think the police are certainly helpful in emergency situations, it seems that in domestic/family situations, there is a lot of room for improvement. Grrrr!

      I agree with LV when he suggests that you try and find compensation through the small claims court.

      Lindsay
      Last edited by Lindsay; 07-17-2006, 10:44 AM.

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