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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 04-27-2018, 10:50 PM
rockscan rockscan is offline
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You keep alluding to domestic issues. Were the police called? Did she press charges? If she did nothing then it would simply be a claim in her paperwork and judges hear this all the time. You need to focus on facts that are proven.
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  #12  
Old 04-27-2018, 11:39 PM
kate331 kate331 is offline
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Rockscan, I dont think she could press charges, I think thats up to the Crown to do that. Even if charges were filed, he would need a conviction. I still think, even if there was a conviction it wouldn't matter in a financial settlement. I know we are jumping to conclusions here.
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  #13  
Old 04-28-2018, 08:37 AM
rockscan rockscan is offline
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Thats what Im getting at. If hes worried that she will use that against him, I was trying to let him know it wont have any impact on it, especially if nothing came of it.
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  #14  
Old 09-01-2018, 02:06 AM
Karma2016 Karma2016 is offline
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From my own experience, unless you arranged for a certified valuation of the home at the time of separation, it would be difficult for her to prove it’s value back then.

How significant is the difference between the value of the house when you separated and now? In your non-professional estimation?
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  #15  
Old 09-08-2018, 12:14 PM
SingleinON SingleinON is offline
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Thank you for your responses and insight regarding my situation!

Rockscan:
Yes, the police were called. I was charged and and found guilty of assault and received probation. This does paint a bad picture of me; however, I was just trying to restrain her from hitting me with different objects she found arond the house. At no time did I hit her.

Karma:
Couldn't sale values of homes in the area along with an MPAC appraisal indicate what the selling price was at the date of separation? I did get a valuation completed but it was a couple years after the split. Could that be used?

So to update you with what has been going on. We went to mediation but it was as I suspected. Just a lot of back and forth with no real attempts on her behalf to come to a reasonable resolution. Even if we went with current day values the share she is asking for is crazy. The house is valued at 600,000 and she is asking for 300,000 which is impossible since there is still almost 300,00 mortgate... There is just no talking to her. I think she has too many people in her ear telling her what she is entitled to but not taking into considration the amount of the mortgage left that she is also responsible for.

So I realize i have to prepare for a court battle. What is my first step in filing with the courts? Form 8? What can i expect to take place after I file the the form? As I understand it there is pretty much a mediation of sorts that takes place prior to attending court. And if I read everything correctly I will also need to file a 13.1 at some point?

Thanks for all your help as I will be doing this alone since I don't have the money to pay a lawyer and I make too much to seek out legal asssitance...

Any advice/insight/words of encouragement you can provide would be most helpful...
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  #16  
Old 09-08-2018, 12:26 PM
rockscan rockscan is offline
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She can demand all she wants but the assets less the debts/loans will be the remaining to split. When you do the financial statement it will be shown.

Let her listen to the noisemakers. In the end she will have her share of equalization reduced by her big legal bill.
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  #17  
Old 09-08-2018, 12:27 PM
SingleinON SingleinON is offline
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Ok. So I've read a couple recommended posts and saw one that states if it's after 6 years (which I'm pretty close to being) then property division is relegated to civil court. Would that be true? And if so how do I proceed?
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  #18  
Old 09-08-2018, 12:29 PM
SingleinON SingleinON is offline
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I'm just worried that her big legal bill might amount to my big legal bill if I do end up having to get a lawyer to fight this...
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