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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 02-18-2009, 07:26 PM
used again used again is offline
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Hello, this is my first post. I have been following this forum for a few months but haven't found a similar situation so here goes: I owned my home for 3 years before he moved in. He refused to change his address and file as common-law since as a seasonal worker he could get more EI that way, and told me so. His name is not on any utilities, no joint bank accounts or insurance policies. During layoffs he would complain of boredom and offer to do work around the house, indicating that this would be in lieu of the $400/month I asked him for. During these times he often could not give me the requested amount, it averaged out to $211/month over 5 years. (I kept track, he refused receipts) He arrived with a suitcase of clothes and had an older car. During co-habitation he bought an expensive vintage motorcycle and a late model car. The bike needed LOTS of work and he often could not pay me even while working and earning almost double my salary. The money was used for groceries, cigarettes, pizza for us both and often I bought paint and supplies for the projects he suggested. So to make a long story short I had to ask him to leave and now he is taking me to court and asking for $15,000. He gave a very imaginative account of the work done and also claimed that he paid for nearly all the materials. This is untrue since I kept the receipts that were paid for on my debit card. Can anyone help?
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Old 02-18-2009, 07:36 PM
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Taking you to court over $15,000? And you have everything documented while he presumably has little, or nothing? Good luck to him, he'll need it.

And you can point out by the way that the EI and income tax people, from whom he has probaby pocketed thousands in benefits, will be interested in knowing that he now claims to have been in a common-law relationship during the time he filed as single.

He's either bluffing or stupid, or both.
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Old 02-18-2009, 07:57 PM
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Thank you so much for that. He has actually been reported (not by me) but by one of the people I requested a statement from in my defense. This whole thing has been going on nearly 2 years now. His first letter demanded $30,000. The most recent letter also asked me to tell EI that he returned home weekly, which is untrue. I did not comply.
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Old 02-18-2009, 09:04 PM
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Well the fact that he has been reported removes a bit of leverage you have over whether he commences a claim. But it doesn't change the fact that $15,000 is hardly worth going to court for, where the legal fees will render the whole exercise pointless.

And from what you say, he will be woefully ill-prepared vs you.

I would ignore his requests to settle, and if he does commence an action, offer him $5,000 to walk away, if you think he actually did something to that house tha improved it. Or not.
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Old 02-18-2009, 10:00 PM
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Thank god and everybody that you finally got rid of him.Sounds like a leash,maybe you should have taken him pickerel fishing with an anker tied to his ankle.
Anyway he is going to regreat meeting you when the judge pounds his head into the ground with her little hammer.
One thing judges hate with a pation is a lyer.If you have receipts there's nothing to worry about.I've been in court for the past 6 yrs self represented,and beat FRO into the ground and in the process of filling Criminal Charges against the Administrator of the Family Responsibility Office.

constitution1
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Old 02-18-2009, 11:42 PM
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I agree he doesn't have a leg to stand on in court. Even self-represented, you have the upper hand in this.

He's bluffing, let him take you to court. I wouldn't offer him $5,000 or anything at all to walk away. I'd take on his pointless fight.

constitution1, you are new here. Your posts are a little off-the-wall and exaggerated. Really, you beat FRO into the ground? Criminal Charges? Self represented? Who checks your spelling for you in your documents?
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Old 02-19-2009, 07:55 AM
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Thanks everyone for your input. I did offer him $3000 to walk away but he has re-filed for disclosure documents. They have just been sent. His claim is for unjust enrichment; how can this succeed if he did the work in lieu of rent money? The two figures (non-rent payment vs.his exaggerated account with no receipts) actually are almost the same amount.
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