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  • Spouse wants money

    Have a few questions but here are the facts:

    In April 2004, I needed a place to live so my EX invites me to live with her till my house is ready in Aug. 1st 2004. She offered that I pay no money towards her rent, I accept, but provide money for food. Her rent is $1000.00 month

    July 31st 2004 she gets evicted by landlord. I ask her and her children to move into my house till she can find a place to live. She insists she shouldn't pay rent for the same amount of time I did living with her, I agree to terms.

    Relationship continues.

    side note* I bought this house with the intention of renting out 2 rooms at $600.00 each. House in question is a 4 bedroom townhouse.

    During the course of our relationship we agreed she would pay rent of $680.00 plus half the bills. I brought up the conversation about her taking half the house and she tells me she's not that kind of woman, I decide not to get any kind of agreement because of her answer.

    December 2006 we have a falling out and she decides to leave but asks that she have till April to save money. I charge her no rent but she agrees to pay half the bills. Again she says she will not seek any money.

    March 2007 relationship continues, she hands me a cheque for 3 months rent.

    October 2007 relationship breaks down and she moves out December 5th 2007.

    Now she is asking for money.

    I offer her $6800.00 $680.00 X 10 months

    She laughs and says come back with a higher amount.

    During our relationship a air conditioner was bought for $1500 and we split the price.

    Fence 1700.00 I paid for

    My questions:

    1. Will Unjust Enrichment come into effect, not for her but me?

    She makes $22,000 more than I do, she was paying less money living with me.

    2. Will Quantum Meruit come into effect.


    3. Since she has moved out, she just sent me an e-mail asking to settle this
    without lawyers and if I don't reply she will get one involved. Should I wait till she serves me?

    4. Can I get spousal support?

    5. What could the outcome be if this were to go to court?


    Thank-you for any replies.

  • #2
    CNR,

    She should of taken your offer.

    In Ontario, to be entitled to bring forth a claim of spousal support in a common law relationship is three continuous years of co-habitation or have a child together and living together in a relationship of some permanence.

    It appears on the face of it, spousals support is not an issue due to less than 3 years of continuous cohabitation. With that said, I also suspect that an unjust enrichment claim would have very little merit due to the limited duration the parties lived together.

    If it was me I would take the wait and see approach.


    lv

    Comment


    • #3
      The wait and see approach was mentioned from a friend, so I may just do that. From what I understood, since she has moved out she now has to sue me, is that correct?

      Comment


      • #4
        If it was me, I would definitely call their bluff.

        lv

        Comment


        • #5
          ummm renter/landlord?

          How do you prove she was a renter?
          You would need some soft of physical proof for the courts not just your word or else she could just say she let you live with her for free as it was her portion of your downpayment contribution and entitle her to more of the house value perhaps even half, not just the increased value since your relationship.

          Can she prove she was in a relationship with you and not just a renter?
          Does she have physical proof like payments to morgage or taxes or cheques worded as such, have you made claims to your employer or her employer Insurance companies as common-law spouses (that would be committing fraud against the insurance companies if she was only a renter), are there pictures of family events, family pictures, weddings, birthdays, anniversaries etc. or vacations.
          Why would a tenant pay for half an an expensive air conditioner for you?

          You mention children but did you have children together? Did your or her children or both reside with you?
          Since it is more then 3 years, be prepared to either battle to get child support or pay child support depending on what or whose children resided with you during the relationship. The courts look at your income tax, deductions & number of children in deciding this (FRO is often involved). Also your and her involvement with the children, including discipline etc.

          Is there significant increase in value in the house? Did she help maintain it? Lawn, gardens, cleaning, laundry, childcare, all of this factors in.

          What has she asked for if it is not $6800?
          I would consider settling if she can prove she was not a renter and your house value has increased and you had children residing with you that were not yours.

          Lawyer fees and retainers can often be extremely large depending on the battle.

          Basically who has more to lose ... you or her. If it her then go for it call the bluff and prepare your income tax and rental documents for the court battle but it you have more to lose then her .... then settle and move on with life.

          Comment


          • #6
            Listen to LV. You aren't common law under Family Law until 3 years of continuous cohabitation. (assuming you do not have children together) She is not entitled to claim spousal support and assuming the house is in your name alone then she has no claim to that either.

            Comment


            • #7
              oooh

              Sorry I thought they had lived together from April 2004 to December 2007 which is more then 3 years. I did not realize that she had moved out at any point.

              Comment


              • #8
                Very good points Used2023 I will try to clarify.

                We have no children together, I put no money towards her children's activites.

                My Question is " When would the court decide we cohabitated from?"

                April 2004 when she invited to live with her till my house was ready or Aug. 1st 2004 the date we moved into my house or Jan. 1st 2005 when she started paying monthly. As I understand Ontario Family Law, a continual relationship must be maintained for the 3 year common law standard time. even if the courts maintain that we cohabitated in april 2004 we still separated in January 2007 for 3 months which I believe null and voids the time spent, correct me if I'm wrong.

                How do you prove she was a renter?

                Well it started out as a renter, she wasn't paying money until Janurary 1st 2005, reason being she was to look for a place of her own, I was helping her out in the mean time.

                As for the downpayment of the house, I paid the downpayment way before I met her. We have no joint accounts, her name is not on the mortgage or anywhere connected to the house.

                We were in a relationship, no denying that, her children lived with us, mine did not. Her children did not benefit from me in any financial way, she doled out any monies to them.

                Yes there is a significant increase in the value of the house, that's why she's gold digging.

                Maintenance

                Lawn me/her 50/50
                Laundry her mostly as she had more then me with her kids.

                After offering her $6800.00, she laughed and said come back with a bigger offer, I asked her how much bigger and she wouldn't say.

                Well, if I had to settle, which I don't think I do because she dosen't have a case, I would settle for actually less than my original amount X 10 months since property taxes are considered bills and didn't take that into account previously.

                Comment


                • #9
                  other

                  This site is helpful too. (www.attorneygeneral.jus.gov.on.ca) I hope it is ok to post links here.

                  A quote from the Family Law in Ontario book on the site.
                  You are separated when you are not living together and there is no chance that you will live together again.

                  Only you know whether this fits or not.

                  As for rent...cheques saying rent? ...not listed as common law on benefits? no family pictures. vacations etc... Probably easier to prove the common law piece.

                  In my case I could not prove rent. I am more worried about the child support and income tax and will likely try to settle.

                  Comment

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