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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 12-22-2010, 10:41 AM
Complicated Complicated is offline
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Angry Support Payments

I live in Nova Scotia. I'm a single Dad with two children from previous relationship. Two years after my divorce from my childrens Mom I met my Common Law spouse. I've been with her for 4 years. We shopped for houses together and I purchases a house 4 years ago. While plans were for her to completely move into the new house...she maintained rent on an inexpensive, almost uninhabitable cabin during the four year relationship. She seldom stayed at this property but stored furniture there. She spent 4 to 5 nights a week at my home. She contributed to all family expenses including vacations, home improvements, education, sporting activities, groceries, entertainment, Christmas and other gifts, and other activities. We purchased an expensive sailboat with my money; however, she reimbursed me for most of the money but not the expenses in operating the boat. The boat is in both of our names. We also purchased a second vehicle with money she borrowed but the vehicle is in my name. She purchased home appliances and building supplies as gifts instead of paying directly towards home expenses...she did however share in heating costs. She was involved in all activities with my children during my 50% access. She travelled frequently with her work and recently took a separate vacation on her own. Upon return, she decided she did not want to live a family life with children. We have not heard from her since. She is ignoring my attempts at meeting to discuss financial aspects of our separation. Her leaving the relationship is causing financial hardship as I am solely responsible for all expenses on the home we both shopped for 4 years ago...the home was purchased by me solely. Her earnings are roughly double mine. She is now enjoying personal trips and vacations and is in the process of purchasing a new home for her and her new partner.
Questions: What do I have a claim for...will the courts view this as a common law relationship? What does she have a claim for?

Last edited by Complicated; 12-22-2010 at 10:44 AM. Reason: I live in Nova Scotia
  #2  
Old 12-22-2010, 10:48 AM
Mess Mess is offline
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She paid for a lot for you while you were together, now she's walking away leaving you with it and asking for nothing.

You were together for 4 years, but she maintained some other residence? You mention the cabin but she was only with you 4-5 nights a week?

You're lucky she isn't seeking reimbursment for the items she purchased and contributions to the home. If you sought some kind of spousal support then she would be liable for at best 2 years, and she would counter with a constructive trust claim on your house.

Your current problem is that you can't afford your lifestyle on one income. If you can't afford your house then you should sell it and the boat and consolodate yourself into something affordable.

If you have custody of the children you should be seeking support from the bio mom before you even think of asking for a penny from your ex girlfriend.

I suppose you also have the option of finding a new girlfriend with a job so you have two incomes to support yourself. If so you need to be clear and organized about what the status is of your house, what she will contribute and probably talk about a cohab agreement.
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Old 12-22-2010, 12:20 PM
billiechic billiechic is offline
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claim for..nothing really. Is it really worth the court costs? lawyers fees? probably not. I think you got the better deal here (home repairs and I'm assuming she left the boat). Sell the boat and tighten the belt.
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Old 12-22-2010, 03:48 PM
KanataKathy KanataKathy is offline
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Have to agree with billiechic and Mess. If she's not putting a claim in against your house and she's leaving you with the boat, count yourself fortunate.

I have a freeloader living in my house who put no money towards the purchase of the house, chipped in about $3k in mortgage payments over a 1 year period, and now wants his 'fair share' of the equity.

Again, count yourself fortunate...
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Old 12-22-2010, 03:50 PM
billiechic billiechic is offline
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Quote:
Originally Posted by KanataKathy View Post
I have a freeloader living in my house who put no money towards the purchase of the house, chipped in about $3k in mortgage payments over a 1 year period, and now wants his 'fair share' of the equity.
Maybe your house value went down?? Then that person would owe YOU!!
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Old 12-22-2010, 03:55 PM
KanataKathy KanataKathy is offline
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The Case Conference is coming up shortly in the new year and I've got my fingers crossed.

With the lawyer's fees I've paid so far, I should be the honorary poster-girl for the "why you need a co-habitation agreement" FAQ...

My apologies to the original poster - don't want to hijack your thread...
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Old 12-22-2010, 07:23 PM
Complicated Complicated is offline
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Thanks everyone...well, while she contributed to family expenses...she also lived here...and the other expenses were shared because we were acting as a family. I understand though...so the forum is good...oh...she did not leave me the boat by the way...it's in both of our names...would this be sold and proceeds split...or am I dreaming. Her other contributions towards home improvements do not come close to half the expenses in running the home...thought the "donations" would be considered as sharing in expenses by her part...guess I was wrong. All the info is great...thanks
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Old 01-03-2011, 07:06 PM
Max22258 Max22258 is offline
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hmmm not sure if it is worth while to do anything really. She had a cabin where she lived I understand, so she was never fully living with you. I do not see the common law thing in there as you both live in separate places. How much is the boat worth?, I would forget the boat and just forgot the relationship, probably sell the house and move on.
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Old 01-04-2011, 12:54 PM
lulu0072 lulu0072 is offline
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Default How does I go after ex for back pay if i cant afford lawyer? Any Docs or Forms?

My ex wont give me the last 4 yrs of assessments. It is stated in our court docs that he is supposed to provide me with them. Is there any documents or forms i can get? I cant afford a lawyer. The reason why i am going after back pay is that at one time he was making x amount of money and now he is making 60,000 more but he wont provide me with the info. Help is greatly needed and appreciated. Thanks and have a great day.
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Old 01-04-2011, 08:00 PM
Max22258 Max22258 is offline
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Family Law Rules Forms — Ontario Court Services You should put a motion requesting a financial statement to the court. The judge will give him some time to comply. I put the Ontario link to Court Forms, but not sure why you did not start a new post as this is treading on someone else. Where are you from as well may be important to know.
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