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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #11  
Old 01-07-2016, 03:19 PM
OrleansLawyer OrleansLawyer is offline
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I would think that in a case in which your inheritance was used to buy and renovate a house for both of you, it would be difficult to make the case that you had suffered a loss
Inheritance funds were lost.
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Old 01-07-2016, 04:59 PM
stripes stripes is offline
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But were they lost? It sounds like the funds went into paying for a home in which the OP and his ex lived for nine (?) years, so both the OP and his ex realized a benefit from those funds. My understanding of unjust enrichment in the common-law context is that one party has to suffer a loss which corresponds to a benefit to the other party, as a result of resources transferred from the first party to the second party - e.g. A takes over paying for B's school loans; B uses the money he saved by not making loan payments to buy stocks in his name only, which he keeps at the end of the relationship. The benefits to B (acquiring stocks with extra money) correspond directly to the loss to A (because A didn't realize any benefit from paying off B's student loan). I think it is trickier when both parties are benefiting, as in the case of a shared residence.

Of course I am not a lawyer, etc.
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Old 01-08-2016, 09:03 AM
OrleansLawyer OrleansLawyer is offline
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My understanding of unjust enrichment in the common-law context is that one party has to suffer a loss which corresponds to a benefit to the other party, as a result of resources transferred from the first party to the second party
Loss to OP: Inheritance funds are lost
Benefit to Ex: Increased value of asset
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down payment, family home, inheritance


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