Ottawa Divorce .com Forums


User CP

New posts

Advertising

  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.

Reply
 
Thread Tools
  #11  
Old 10-22-2013, 12:40 PM
paris paris is offline
Senior Member
 
Join Date: Jun 2007
Posts: 580
paris is on a distinguished road
Default

Quote:
Originally Posted by firhill View Post
Call his bluff on it.

Move out of house, in with Mom and stop making payments.

If the house means that much to him, he will find a way to make the payments to avoid losing it.
Worst case scenario...he can't/doesn't make payments, it goes into foreclosure and both of your credit ratings take a hit.
She could do that, but she doesn't want to blow a good credit rating. He can make the payments... they are very low. What he can't do is get his own mortgage. That also means neither of them get any kind of a payout. Moving to her Mom's means she'll need a vehicle to get to work. She was hoping a payout (or sale of the house) would finance that.

Everyone has told her to stay in the house because it's considered abandonment (of the property). I know in marriage cases everyone says "DO NOT LEAVE THE HOUSE". If common-law is clearly different, then we'll go pack her up and move her tomorrow.
Reply With Quote
  #12  
Old 10-22-2013, 01:16 PM
dinkyface dinkyface is offline
Senior Member
 
Join Date: May 2009
Posts: 2,476
dinkyface will become famous soon enough
Default

"DO NOT LEAVE THE HOUSE" applies when there are kids. A parent who leaves the house before a parenting schedule is agreed on is setting themself up for becoming an EOW parent.
Reply With Quote
  #13  
Old 10-22-2013, 06:07 PM
paris paris is offline
Senior Member
 
Join Date: Jun 2007
Posts: 580
paris is on a distinguished road
Default

Thanks dinkyface.
Reply With Quote
  #14  
Old 10-22-2013, 06:17 PM
Rioe's Avatar
Rioe Rioe is offline
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,348
Rioe will become famous soon enough
Default

Facts:

They are common-law for 6 years, after they moved into a house they bought together.
The house was $120k.
They put down equal downpayment contributions of $10k each.
Starting mortgage was thus $100k.
He quit his job 2 weeks later and got ODSP.
She works for about the same wage as ODSP.
You don’t say it, but I assume they are splitting up now as otherwise this would all be irrelevant.
The mortgage is now $90k.
The house is now worth $130k to $160k.
This makes the asset part worth $40k to $70k.
My math tells me she should get $20k minimum for a buyout.
He doesn’t pay his fair share of expenses.
He is unable to get a mortgage for that amount solely in his name.
He wants to keep the house as it has emotional meaning for him, so he is refusing to cooperate.
She wants her fair share of the house so she can start over, and was willing to accept as little as $10k as long as her name gets off the mortgage.

If this guy really wanted to keep his house, he’d get his butt off ODSP and get a job and qualify for a mortgage and buy her out. If he really can’t work, he’d beg and plead and scrimp from friends. He’s not doing either of those things. He’s just a freeloader. She needs to take him to court and get an order that the house be sold. And she should unfortunately probably keep living in the house in the meantime and paying the mortgage, if only to protect the asset and her credit rating.

If she still cares about him, maybe she can work out some deal where he pays her a monthly amount of rent until such time as the mortgage is down to an amount where he CAN pay her out, but I wouldn’t be holding my breath for that sort of miracle to work out.

BUT. It sounds like Christmas is important to the guy somehow (or he’s just trying to put her off). Maybe she can get him to sign the listing papers with the proviso that it doesn’t go on the market or close until the New Year. Making that offer will at least let her figure out if he’s just pulling her heartstrings with that line. The bit about him not paying the bills or mortgage if she moves out is telling. That would lead him to lose the house anyways! So it sounds to me like he cares more about manipulating her with the threat of ruining her credit rating than he does about keeping the house.

And she can still partly move out, if it’s important to her emotional well-being. Get all her valuables out, that sort of thing. Lock her other stuff in a spare bedroom and just keep enough in the house to come around a few nights a week or something. She can get an old clunker car for a bit till things are finally sorted out.

The more I analyze this, the more I think taking him to court to have the house sold is her only option. I wouldn't bother waiting or further negotiating. He’s a freeloader who is manipulating her with the sob story about Christmas and the grandmother bit, and not taking any action to help himself. And if her salary is about the same as his ODSP, he's not going to get SS so that's an empty threat.
Reply With Quote
  #15  
Old 10-22-2013, 07:00 PM
paris paris is offline
Senior Member
 
Join Date: Jun 2007
Posts: 580
paris is on a distinguished road
Default

Rioe... you really put the pieces together.

They have been separated about 5-6 months, but both still in the house. She has a new guy... he sort of has someone new, but still says he wants to work things out.

They locked into a 5 year mortgage just over a year ago, so there will also be a penalty to pay to the bank.

His ODSP will increase when she leaves.

The realtor sat down with them both last night and he did say he felt more comfortable, but wants to look it over. The realtor suggested the option of having a closing date after Christmas.

Anything that is important to her has been moved to her Mom's.

Thank you for responding.
Reply With Quote
  #16  
Old 10-23-2013, 09:09 AM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough
Default

Again why do you think he would have entitlement to spousal support?
Reply With Quote
  #17  
Old 10-23-2013, 06:46 PM
paris paris is offline
Senior Member
 
Join Date: Jun 2007
Posts: 580
paris is on a distinguished road
Default

Quote:
Originally Posted by FB_ View Post
Again why do you think he would have entitlement to spousal support?
I don't really, but I didn't realize just how close their 2 incomes were, or that his income would increase if she wasn't living with him. It's just something he tossed out there to feel bad... along with not allowing her to take her dog when she leaves.
Reply With Quote
Reply


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
Common Law Separation then Marriage cdstein Common Law Issues 1 08-25-2011 09:19 PM
Common Law Separation Agreement Justfine General Chat 4 01-04-2011 07:51 PM
common law separation concernedfriend1234 Divorce & Family Law 6 03-16-2009 09:11 PM
Toronto/Ontario - Common law separation - what if zed Common Law Issues 8 12-12-2008 10:48 AM
In the acceptance stage of common separation... mrmom Common Law Issues 3 11-11-2006 04:31 PM


All times are GMT -4. The time now is 04:34 PM.