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.
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.
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