Ottawa Divorce .com Forums

User CP

New posts


  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.

Thread Tools
Old 12-12-2013, 09:09 AM
arabian's Avatar
arabian arabian is offline
Senior Member
Join Date: Jan 2011
Location: Western Canada
Posts: 10,680
arabian will become famous soon enough

Some CanLII cases you may or may not have come across:

Kerr v. Baranow, 2011 SCC10, [2011] S.C.R 269
S.M.P. v. M.E.K. 2013 BCSC 145
Bressette v. Henderson 2013 BCSC 1661
Pittendreigh v. Durocher 2013 BCSC 707
R.Y.D. v. D.W.W. 2013 BCSC 472

I believe the last one goes into quite a bit of detail about "gifts" from parents. There may or may not be some relevance to your situation. I don't know anything about common law but currently find it quite interesting.

Last edited by arabian; 12-12-2013 at 09:14 AM.
Reply With Quote
Old 12-12-2013, 10:48 AM
FB_ FB_ is offline
Senior Member
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough

Simply file a motion asking for the house to be sold.

Ask that all proceeds from the sale be held in trust until such time that other issues are resolved. You could also say that 10% would be released to each of you and the rest held in trust.

I found in my case the do nothing approach worked best. She wanted a whole bunch of things. I sent 5 offers to settle all with 50/50 division of property as well as access. She rejected them. I scheduled a motion to have the house sold. She settled 5 days before the motion.

The law is on your side. Put their feet in the fire.

Have you sent an "official" offer to settle yet?
Reply With Quote

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
Notice of Intention to Proceed? Boyz5 Divorce & Family Law 3 07-15-2011 02:08 PM
How to Proceed? Spoonz Divorce & Family Law 2 11-03-2010 03:22 PM
How Do I Proceed With Jurisdiction Issues? Jeri E. Divorce & Family Law 2 05-02-2006 11:44 PM
How to proceed CatvsLion Divorce & Family Law 9 04-25-2006 10:10 PM

All times are GMT -4. The time now is 03:27 AM.