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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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Old 07-05-2009, 02:22 AM
Max22258 Max22258 is offline
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Default Getting possesion of my house

I have been in a common law relationship for 8 years, i bought a house one year in the relationship and this house was in my name only. During the year I was the only one making the payment and paying the taxes. When i remortgage the house with another bank only my name is on all the paperwork and still am the only one paying.

We have no child in this relation and we separated on the 25 Sep 20008 but i let her stay in the house to carry out her business. 3 days before moving as per her lawyer letter she filed charge against me (false allegation of rape) and put my house as her address. I loss the use of my house and was force to move to another house until september. I cannot return to my house and i want exclusive possesion as per the law. The court have been rejecting my motions to have exclusive possesion of my house, not sure what to do. This seems simple but is not and have run out of idea to get this person out of my house.
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Old 07-05-2009, 03:53 AM
Max22258 Max22258 is offline
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Here something interesting for the everyone

[56] In Nova Scotia (Attorney General) v. Walsh, [2002] 4. S.R. C. 325, the Supreme Court of Canada held that the decision to live together does not necessarily mean that the parties have an intention to share equally in the assets and liabilities of each other both during and after the end of the relationship. People who marry can be said to freely accept mutual obligations and liabilities and our legislation in Ontario recognizes such a difference. At paragraph 55 of the Walsh decision, Chief Justice McLaughlin writing for the majority stated that “a decision to not marry should be respected because it also stems from a conscious choice of the parties.”fficeffice" />>>
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Old 07-05-2009, 03:56 AM
Max22258 Max22258 is offline
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In another case so why is this not considered in my case I cannot say.

49. Unmarried cohabitants, on the other hand, maintain their respective proprietary rights and interests throughout the duration of their relationship and at its end. These couples are free to marry, enter into domestic contracts, to own property jointly. In short, if they so choose, they are able to access all of the benefits extended to married couples under the MPA. Though my conclusion in this case is no way dependent upon the existence of the LRA [Law Reform (2000) Act, S.N.S. 2000, c.29], this new legislation offers another means by which unmarried cohabitants can access these benefits. The LRA is tailored to persons who, for myriad reasons, choose not to marry but who nevertheless consent to be bound legally to the same regime of economic partnership with all of the rights and obligations that it entails. The general principle is that, without taking some unequivocal consensual action, these cohabiting persons maintain the right to deal with any and all of their property as they see fit.fficeffice" />>>
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Old 07-05-2009, 07:59 AM
FreeNow FreeNow is offline
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Move back in. When she's out change the locks.

FN
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Old 07-05-2009, 06:23 PM
Max22258 Max22258 is offline
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Seems like you have not read that she filed charge against me, and I pass 3 days in prison and I am not allow to go near 50m of her place of residence that she has put on the complaint form which is my house. There is bitch in this world, people that will lied and this without scrupple. She knows iI can lose my job over this, thus the house all the vehicles well everything. That is why she has done this. Sorry for the outburst
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Old 07-08-2009, 06:46 PM
Max22258 Max22258 is offline
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Ok the first look by a judge on tuesday has determined the following:

The primary responsibility for paying child support is with the father, since he makes the same then me the amount I would have to pay is nil. IF he made less then me then that would be another story.

The house is mine as the judge says my case was strong as I pay all the mortgage etc. But he suggest to divide the equity but only a pourcentage, as she was looking for unjust enrichment and lawyer etc would have cost me the same then the amount we agreed on. ($8000)

Spousal support, this you cannot get out of, but i had offer a 5 years support of $500 per month. Result of negotiation is $600 a month for 18 months.

Criminal Charge she brought against me in 2008, well she is in trouble on this one as she was to move out on the 1 Jun 2009, but filed the charge on the 29 May 2009. Immediatly the judge (family court)said this has raised a big red flag. He believes that it is quite possible that these charge were raised to get me out of the house. Which is actually true. Who would accused someone of rape then keep sleeping with that person for 5 weeks, then leave her daughters home alone in my presence and there so much more. She is on the hook for mischief and 2 other charge as the Crown attorney from criminal court do not believe her neither.

Well a good day in all
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