OK, I have been through almost every message posted in this common law forum, but haven't had all my questions answered. Thanks in advance for any advice. We currently are living in Ontario.
Spousal Support/"Unjust Enrichment"?
We have been living common law for 5 years and have 3 children together. She couldn't keep much of a job right from the beginning and did the whole housewife thing for the first 4 yrs, shes currently making about 25K/yr. I have been making ~45K every year since the beginning including this yr. From the beginning I have been consistently trying to improve the lives for us and the children - I bought a house in my name solely, early in the relationship (with a downpayment loaned from parents but was later turned into a gift). I did many renovations on that house using my own labour and my own line of credit (bank would not lend to someone unemployed). She did the bare minimum - watching kids most of the time but helping out once in a while. I also purchased many items that would enhance the quality of life for us and the kids - brand new car, furniture, etc, all on my own credit.
By making an effort to better the quality of life for the family, did I give her something that will now cost me if spousal support/unjust enrichment is considered?
After a few years I sold the house for a decent profit and used that profit towards a new house. We decided that we wanted a house that we would live in for awhile so we bought a bigger house jointly, mainly because we needed the credit for both of us to afford this house. However, as luck has it, about a month after moving in, she got laid off. We then proceeded to rack up about 10K in debt (keep in mind this is all on my line of credit) paying for renovations to house (house was bigger and nicer but still needed some known issues resolved) as well as paying the bills on a single salary. She was unemployed for about 3 months until she was able to get a comparable job.
Where we are today
My line of credits - are they 100% mine, no ifs ands or buts? She initially offered to take 50% of LOC debt but that was before seeing lawyer, and I assume she'll take that back. Also, if the LOC debt ends up being mine, could I try unjust enrichment on her being that I went into debt providing for her while unemployed and providing a better quality of life?
Car loans - could she just leave the car she drives with me and be done with it? I bought it brand new and it lost quite a bit of equity so its an upside down loan.
Gifts - There were two substantial gifts given from my parents thoughout the relationship, one being a forgiveness of a loan for downpayment of first house, and the other was a christmas present. Both over 10K and I believe the card that came with the cheque was addressed to both of us but the cheque addressed only to me. Or does this matter?
I apologize for being so long winded but I wanted to make sure I got everything. Luckily we are still on decent speaking terms but we both don't want to agree on anything based on the principle of if one of us gets taken advantage of somehow.
Spousal Support/"Unjust Enrichment"?
We have been living common law for 5 years and have 3 children together. She couldn't keep much of a job right from the beginning and did the whole housewife thing for the first 4 yrs, shes currently making about 25K/yr. I have been making ~45K every year since the beginning including this yr. From the beginning I have been consistently trying to improve the lives for us and the children - I bought a house in my name solely, early in the relationship (with a downpayment loaned from parents but was later turned into a gift). I did many renovations on that house using my own labour and my own line of credit (bank would not lend to someone unemployed). She did the bare minimum - watching kids most of the time but helping out once in a while. I also purchased many items that would enhance the quality of life for us and the kids - brand new car, furniture, etc, all on my own credit.
By making an effort to better the quality of life for the family, did I give her something that will now cost me if spousal support/unjust enrichment is considered?
After a few years I sold the house for a decent profit and used that profit towards a new house. We decided that we wanted a house that we would live in for awhile so we bought a bigger house jointly, mainly because we needed the credit for both of us to afford this house. However, as luck has it, about a month after moving in, she got laid off. We then proceeded to rack up about 10K in debt (keep in mind this is all on my line of credit) paying for renovations to house (house was bigger and nicer but still needed some known issues resolved) as well as paying the bills on a single salary. She was unemployed for about 3 months until she was able to get a comparable job.
Where we are today
- Jointly owned house mortgage amt: 209K, value approx 240K
- 30K in two line of credits both only in my name
- 2 car loans, both about 12K outstanding, both loans in my name but she is willing to take the car she drives and the loan that goes with it
- she wants full custody of kids, I have no issues with this and I am willing to pay my legal requirements of this
- I have no issues "giving her" the house (including losing equity) as long as all fees (ex. legal fees to change deed) are covered by her and I am getting something in return
My line of credits - are they 100% mine, no ifs ands or buts? She initially offered to take 50% of LOC debt but that was before seeing lawyer, and I assume she'll take that back. Also, if the LOC debt ends up being mine, could I try unjust enrichment on her being that I went into debt providing for her while unemployed and providing a better quality of life?
Car loans - could she just leave the car she drives with me and be done with it? I bought it brand new and it lost quite a bit of equity so its an upside down loan.
Gifts - There were two substantial gifts given from my parents thoughout the relationship, one being a forgiveness of a loan for downpayment of first house, and the other was a christmas present. Both over 10K and I believe the card that came with the cheque was addressed to both of us but the cheque addressed only to me. Or does this matter?
I apologize for being so long winded but I wanted to make sure I got everything. Luckily we are still on decent speaking terms but we both don't want to agree on anything based on the principle of if one of us gets taken advantage of somehow.
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