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  • Help in BC--Home ownership

    Hi....your forum is wonderful and I've learned alot as well as my own research, but I would still like to hear from anyone from BC or who knows about CL splits in relationship to home ownership. To make a long story short...

    Been with this man for 5 years. I bought a house 6 months after we got together. I had been planning to do so for the previous year. I paid the downpayment. He paid me so much per month for bills and groceries and home costs--which means mortgage. First year we were in the house, he lost his job. Didn't contribute much. Next 3 years were better. The house needed extensive renovations. I paid for everything....over 70K worth. I and another relative did the work, with the CL doing the odd thing....he never contributed to materials at all.

    We have split due to his alcohol issues and cheating for 4 of the 5 years. He is threatening that he is entitled to part of the cost of home when I sell (which I am doing right now) because he paid half the mortgage (which I call rent). He also stole off me, and owes me 11K which I know I will never see.

    Do you think he would be successful if he took me to court under the unjust enrichment?

    2nd question: I arranged for him to come and get his stuff. It took him over a month to get it...he would come once per week with one vehicle and friend...when he had 3 days off per week. The workshop has all his tools and saws and such.....he wouldnt' come and get it....I am trying to sell this house.....I asked him numerous times, by email. I then sent him a registered letter, which he signed for and it stated he had 2 weeks to get the rest or it would be disposed of. He never came. I haven't disposed of it....he doesn't know that.....could I though? or will he have a case to come after me?

    thank you for all your help in advance.
    Lynda

  • #2
    In regard to his possessions, you did the right thing in sending the registered letter, this, unlike an email, clearly shows he received the request to remove his things or they will be removed without him. It indicated that he had a couple of weeks to do so and he chose to disregard your clear indication that you would dispose of them if he did not come and get them.

    As for the home, if you had a written agreement that he pay rent, he would NOT be entitled to anything with respect to unjust enrichment. Since CL is significantly different than marriage especially as I am assuming you have no children together as I think you would have indicated that in your post.
    Void a written agreement, if you could show by way of bank statements that he paid a regular payment o rent and utilities, then you may be able to win a case for no payment to him.
    If you have receipts for all the renovations and they clearly indicate that you footed the bill and had affidavits by others as to their involvement with the physical labour this may also help your claim. I would think that if you could show that you paid for the down payment, only your name is on title, and he did not financially or physically (IE labour help) with the house, then you may have a strong case. His unemployment history would help with that respect.


    See this site,
    http://www.bcfamilylawresource.com/09/0902body.htm

    It states,
    are expressly excluded from the portions of the Family Relations Act which deal with the division of family assets and pensions.

    I think, unless he can clearly show he is part owner by way of his name being on the deed, etc, then he has no claim to the property nor any equity it may have incurred.

    Comment


    • #3
      thank you so much for your reply. He has yet to pick up his stuff....should I actually go ahead and get rid of it??? I have been to BC Family Law site, many times......it has been helpful.

      I can provide many affidavits.....Here is another questions though....

      I have just sold the house....I will then be buying into something smaller.....in the meantime he still is emailing me wanting to get together to "discuss division of assets"....I am just not replying....my beleif is that if he wants something, he can start any actions....

      IF he does, what are my chances of representing myself? Has anyone out there done this? I have alot of documents and proof....I do work in labour relations and am used to being in front of an arbitrator. (usually the same rules apply as in court).....if anyone can tell me if they have done so, it would be much appreciated....I just can't spend the money on a lawyer, when I beleive it is pretty straight forward.

      Lynda

      Comment


      • #4
        I would continue to simply not respond to the email.
        If he feels he is entitled to assets, he would have to start a claim, and outline how he provided to the assists, IE via help with down payment, labour to the upgrade, or costs of upgrade.
        He would have to show he did in fact contribute to the increased value of the home and that he also contributed to the purchase. As previously mentioned, people tend to think that just because CCRA sees the union as Common law, it is not the same in family court as a married couple. By default, once married the assets are joint unless proven other wise. In CL the opposite is true; they are all separate unless you can prove otherwise.

        Not always fair, but that's how it is a t this point in the law.

        You sound like you have a handle on this, and I think with complete documentation you could easily prove that he did not contribute, and that he was more of a burden than a help. I would clearly show your costs and ownership coupled with your having already supported him for 5 years, and the fact that he cheated and has a drinking problem. I think the court will see this for what it is. He mooched off you for free for 5 years, and now feels you owe him, when in fact you do not. He was obligated to pay for his proportionate share of expenses as per your initial agreement, but failed to do so, and in light of that you have asked him to leave, and retrieve his belongings. You sold "your" house and moved on; he needs to do the same. Say good bye to his things too, you are no longer responsible for them. Apparently he is more interested in trying to get money from you than his actual belongings.

        The ONLY thing I would do is to re-iterate via registered letter, on what date his belonging will be disposed of. And stick to it. If he does not get them, toss 'em.

        Comment


        • #5
          Thank you for your answer to this.....I do have a few others which I hope you can help...some may seem strange!!

          1. If he goes after me, which I think he may, does it go to Supreme court? my understanding is that it cannot go to Family court because of the fact that it is common law. As well, we are talking about trusts here;wether it be resulting or constructive.....which I assume would be supreme court.

          2. Have you known anyone to do this without a lawyer?

          3. Would I be able to bring in witness's to attest to his cheating and alcoholism? ie: subpoena two of the women he had affairs with, and his employer as he was caught with alcohol on his breath? I'm thinking more along the lines of proving his character and his patterns. I also beleive it will scare him off.

          Look forward to your thoughts on this.
          Lynda

          Comment

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