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  • Out of province questioning

    I am currently involved in an unjust enrichment lawsuit. My ex of almost 3 years feels she is entitled to half of the proceeds of a house that we were both on title and was sold in August of this year. She had not resided there for over 3 years. I have paid everything since separation on the house. The house was vacant for 8 months as I moved from Alberta to Ontario in Jan. 2014. The house was sold in late august and increased by $35000 from the purchase price. She did not contribute anything while the house was vacant despite my requests so i had to carry two residences for 8 months. The mortgage was reduced by 25000 since separation. I have a few questions to ask.

    1) Is she entitled to any of the principal I paid since separation. She says she gets half.
    2) Is she responsible for 50% of all costs while house was vacant. She says no.
    3) The down payment was borrowed from my personal line of credit that is still outstanding and she refuses an interim distribution to allow me to pay off the line of credit. Is she responsible for all interest on this line of credit as it is her decision to not pay it out.
    4) I want to seek a interim distribution of 33% and her lawyer wants to question me first. She has given no reasons as to why she feels she should get 50% other then just because. Am i entitled to at least know why they feel they should get what they are asking? I have given with all number my reasons but they have provided nothing.
    5) I live in ontario now and am up to my eyeballs in debt due to having to carrying two houses for 8 months. I really cannot afford to lose 2 days from work for questioning when they won't release any of my money. Do i need to attend questioning before I make a claim for interim distribution. I pay 700/mth in interest and owe 8k in back income taxes.
    6) how can she have all the power when she has contributed nothing?
    7) what can we do to move this along sooner as we were never married and there are no kids.

    Thanks and sorry for the long post.

  • #2
    She is on title therefore she is an owner of the home. Owners are responsible equally for maintenance. Important date will datets of separation. Why did you take so long to get her off title. at the very least she will. E entitled to 50% of increase of value from date of she she went on title. Why did you put her on title?why the delay in buying her out?
    Last edited by arabian; 11-15-2014, 06:51 PM.

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    • #3
      She was left on title as I was not in a position to buy her share at the time of separation. We orally agreed to split half the equity minus my down payment and I was to pay her in 12 monthly payment which I had already paid 5 before she decided she wanted all the equity which was only 45000 at the time. I do have proof in email that there was an agreement but it does not state the amount. I ended up moving to Ontario as the mortgage was breaking me. She also says that the over $18000 i paid on her debt(credit cards, Car and student loans(before she met me) does not count.

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      • #4
        Originally posted by arabian View Post
        She is on title therefore she is an owner of the home. Owners are responsible equally for maintenance. Important date will datets of separation. Why did you take so long to get her off title. at the very least she will. E entitled to 50% of increase of value from date of she she went on title. Why did you put her on title?why the delay in buying her out?
        Hmmmm. You could pay 180k on credit cards but couldnt afford to buy her out. Strange. I can see why her lWyer wants to question you.

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        • #5
          Originally posted by arabian View Post
          Hmmmm. You could pay 180k on credit cards but couldnt afford to buy her out. Strange. I can see why her lWyer wants to question you.
          The OP said $18,000 not $180,000... I am sure the buy out price was well over $18,000

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          • #6
            I have offered 50% of net equity after subtracting the down payment(still outstanding), the amount that the mortgage was reduced after separation, the 5 payments i have already paid and 50% of costs associated with the house while vacant. Am i missing something here or is she entitled to more. Her and her lawyer feel she gets half and none of the case law I have studied suggests this. there is 90k at stake here which I know is not alot to some but now I am more about the principle of fairness then the money amount.

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            • #7
              You sound like a really nice generous man. Do you like women in their late fifties who golf and have cAts?

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              • #8
                Arabian, I paid this amount on her debt while we were together and the reason I couldn't buy her out was because I had just started my own business and could not get any financing for 2 years. Plus we had a small animal rescue on our property which I would have to give up if I moved and the animals would have had to be euthanized and she knew I would do most anything to not have to do this so I agreed to do what she asked in order not to sell the house.

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                • #9
                  Sorry. I read that incorrectly on my little phone screen (failing vision perhaps)

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                  • #10
                    Oh so business was started. Is she on that as well?

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                    • #11
                      I think you offer is generous. Without knowing details.

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                      • #12
                        nope, that is mine and does not make any money, actually owe 7k in taxes an amount which can be directly traced to be paid on her debt. I am a reasonable guy and I am not sure what my rights are and I do not think my lawyer does either as I have had to inform him many times. I have read the rules of court, the alberta law of property act and hundreds of cases like this and have no idea how she even has a lawyer who is willing to take her case.

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                        • #13
                          I do I is the matrimonial property act in Alberta is different from Ontario. How that relates to common law I do not know. You would be best to retain an attorney in albertA perhaps.

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                          • #14
                            what other things do i need to consider. I paid for all the groceries, entertainment, vacations etc during out entire time together. I have 40k in credit card statement to prove this. I am just frustrated how this can still proceed and now her lawyer wants to question me. I have provided them with every detail while she has provided me with nothing. Am i not entitled to know what her arguments are or does she even need to have one?

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                            • #15
                              in matrimonial law, would she be entitled to any of the money i paid on the principal after separation? I have an alberta lawyer but he seems to be somewhat lacking. He thinks i should just settle and give her what she wants. he feels that I should give her what she is asking for while i feel i would rather spend the 25k then give it to her just because.

                              Comment

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