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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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  #1  
Old 08-17-2006, 02:00 AM
mrmom mrmom is offline
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Unhappy In the acceptance stage of common separation...

Greetings!

After alot of effort, and alot of wasted energy on my part, my common-law partner of 4+ yrs have separated for an indefinate period of time.

Outside of all the gritty, dirty details of our separation, as far as common-law separation goes, I now know the theory of "what's mine is mine, what's yours is yours" comes into effect.

A possible bitter topic that I need to address is the one and only car we have. This car was purchased with an inheritance of mine, after the death of my grandmother and selling of my childhood home. She brought a car into the relationship that kicked the bucket. In every sense of the word, this new car is mine. There are constant squabbles between us as far as access/gas/mileage and ownership.

When we purchased this car, being the solid relationship we had at the time, I opted to include her name on the ownership as well as plate registration as a showing of good faith and trust. In hindsight, I regret doing that, and now have the paperwork from the MTO to have her sign the ownership/plates over to me. The only item solely in her name is the insurance.

I know she will fight me on this, however, now realizes that property that was mine before this separation will remain mine. I have made that very clear.

Any advice on convincing her that signing the car over would be in her best interest? I have no problem going to small claims, and have told her if she wants full access/ownership of the car, she will have to buy me out.

This is the only thing that remains between us, we are very realistic in our desire to co-parent our wonderful daughter. All of the messy stuff we put aside when parenting her... so that much is good.
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Old 08-18-2006, 10:59 AM
GGG GGG is offline
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Default

Although I was married and not common law, the following was my experience:

I received an inheritance and purchased a vehicle with the money. I was able to trace that the purchase was made solely with my inheritance money.

The ownership papers, licence plates and insurance were all under the ex's name.

At a case conference, the judge deemed that the vehicle was a marital asset and that it was to be split 50/50 on the Net Family Property Statement (equalization).
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Old 08-19-2006, 05:47 AM
mrmom mrmom is offline
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Default Anything else?

I appreciate the feedback, albeit not *truly* the situation I'm going thru.

Although we have had a child together, my ex has made this discussion near impossible, living in this dream world that everything in this world grows on trees and is hers for the taking.

The moment I contest something with her (in the past and even moreso now) she gets her back up, guilt trips me, threatens me with ultimatums, the whole nine.

So I really need some feedback in a common-law relationship sense. Yes, we have lived together for more than 2yrs and have a child together but that is still a common-law relationship, correct?

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Old 11-11-2006, 04:31 PM
mrmom mrmom is offline
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Unhappy Anything further?

Is there anyone else out there that may have something to add to this dilemma? We are now past 90-days of any reconciliation, are remaining realistic when it comes to our childs care, however, this issue still persists.

Being petty is one thing, but this is getting ridiculous...

Please help!
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