Ottawa Divorce .com Forums


User CP

New posts

Advertising

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

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 08-23-2013, 09:41 AM
jsingh jsingh is offline
Junior Member
 
Join Date: Aug 2013
Posts: 3
jsingh is on a distinguished road
Default First Divorced then became common law

Me and my ex wife married in may 2006 , I sponsored her to come to canda from India.

We bought a house together in 2008 which was solely in my name, and we divorced in 2010 - the divorce statement clearly stated that it will be impossible for either party to claim property.

She never left the house and we continued to live together , reconciling some of our differences and filed taxes as common law.

In 2012 she started dating another man ..., and in 2013 moved to another person, now I am asking her to leave the property but she is asking me to pay a huge amount ( as per her its half of the house's worth minus the mortgage) or she is not leaving.

What are my options here . I am thinking of notifying her by email and by a text message on her phone as a proof that I gave her a month to move out.

As per what I read on internet , in Ontario she doesn't have any rights to the matrimonial property.
Reply With Quote
  #2  
Old 08-23-2013, 09:57 AM
DowntroddenDad DowntroddenDad is offline
Senior Member
 
Join Date: Sep 2012
Posts: 1,702
DowntroddenDad will become famous soon enough
Default

I am sure others will chime in but you are correct that common law couples don't automatically have a right to share in the matrimonial house.

I think there are cases to be made if she made mortgage payments, did renovations which increased the value etc. But if you did all these things on your own, then there shouldn't be an issue.
Reply With Quote
  #3  
Old 08-23-2013, 11:41 AM
jsingh jsingh is offline
Junior Member
 
Join Date: Aug 2013
Posts: 3
jsingh is on a distinguished road
Default

thanks a lot for the prompt response DowntroddenDad .

One gotcha is we were renting out the basement of the property and we showed income in her name for tax purposes.

Now she says she can use this income as a proof in court that she has a claim in the property , I think her lawyer suggested something like joint venture.


Also how can I evict her from the property , I want to do it politely.
Reply With Quote
  #4  
Old 08-23-2013, 12:19 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Whoa. In your divorce agreement, the clause to not have a claim on each other's property is standard. But did you split the value of the mat home at the time?

If she seeks to be paid again, that would certainly be double dipping. If she was never paid an equalization, then you might have some explaining to do.
Reply With Quote
  #5  
Old 08-23-2013, 02:48 PM
OrleansLawyer OrleansLawyer is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,787
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
we divorced in 2010
Then there is no longer a matrimonial home. You are not married.
Reply With Quote
  #6  
Old 08-23-2013, 05:03 PM
jsingh jsingh is offline
Junior Member
 
Join Date: Aug 2013
Posts: 3
jsingh is on a distinguished road
Default

The divorce order clearly states -

I do not want to make a claim for division of property in this case even though I know it may be legally impossible to make such a claim after the divorce.

As a matter of fact we didnt equalize the property at the time of divorce so does that mean I would have to explain it to the judge ?
Reply With Quote
Reply

Tags
common law, divorce


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Can any one help?? Common law night mare? ASAP ? Paralegal_Speshell69 General Chat 2 03-27-2011 10:27 AM
common law- divorced? mamabear23 Divorce & Family Law 11 07-06-2010 09:20 AM
How to make sure that you're not common law justsayno Common Law Issues 9 11-11-2009 11:14 AM
Common Law miths dispelled FL_Needs_To_Change Common Law Issues 7 09-06-2009 09:36 AM
Advice confused1 Divorce & Family Law 4 08-29-2008 08:56 AM


All times are GMT -4. The time now is 11:20 PM.