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Old 04-26-2018, 05:40 PM
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Rioe Rioe is offline
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Join Date: May 2010
Location: Ontario
Posts: 3,348
Rioe will become famous soon enough

You are common-law, and the house belongs to him. You don't get anything out of it unless he added your name to the title. You've lived rent-free for 12 years; that's your benefit as far as that goes.

However, the furniture belongs to you, from the sounds of it. You've just been storing it in his house. Maybe he'll buy some of it off you and you can leave it behind for him.

A completely separate issue: you and he both agreed that you would stay home and look after the child while he worked his long hours? Then he does likely owe you some spousal support, maybe a couple of years while you find better employment and can support yourself.

If he wants you to continue to do the bulk of the work raising your child while he has occasional access time, then he will owe you full CS based on his income.

Okay, so that's the black-and-white version of things.

The grey area is that you could argue something called constructive trust (I think? Brain fuzzy right now) which means that you invested effort and possibly money into his home and should see some return on that investment when you leave.

However, the grey area is where lawyers live, and they will happily convince you to argue back and forth until all your and your ex's money is in their hands. You can already see this by how your lawyer is telling you that you could get money from the house, and how his is saying no.

And no matter what the lawyers say, you can CHOOSE not to fight it in court. Court is completely optional and only become necessary if you can't come to an agreement yourself.

Propose he keeps half the furniture and pays you $X000 or some amount you consider reasonable, plus SS for a year or two, which should allow you some breathing room to find a new home and job. Or whatever you think is reasonable. If your ex is reasonable, he'll make a counteroffer, and maybe you can eventually meet in the middle.

Lawyers and court are only needed if one of you intends to be completely unreasonable.
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