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  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.

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  #11  
Old 12-11-2013, 07:41 PM
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She cannot sell the house without your consent, whether your name is on the title or not - unless she gets a court order saying she can.
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  #12  
Old 12-11-2013, 08:44 PM
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Quote:
Originally Posted by blinkandimgone View Post
She cannot sell the house without your consent, whether your name is on the title or not - unless she gets a court order saying she can.
They were common law, not married, title to the house is in her name alone. It is her asset, to do with as she wishes, and she does not need his consent to sell and/or mortgage.
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  #13  
Old 12-11-2013, 09:16 PM
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I disagree, I have contributed in the mortgage, and everything else plus there is unjust enrichment and express trust strong case entitlement. So, I basically should serve her with the application as soon as possible to make my claim.
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  #14  
Old 12-11-2013, 09:21 PM
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Do whatever you wish, I understand you are making a trust claim. It does not, however, change the fact that the house is her asset, and she may do with it as she wishes.

If you can successfully argue a constructive trust, then she may owe you monetary compensation. But she does not have to transfer to you an interest in the house, nor are you in any way entitled to continue to reside there.

And from what little you have posted about your particular scenario, I highly doubt you are going to be successful in your constructive trust claim. You don't even come close to the requirements of a JV. But, as they say, a fool and his money are soon parted.
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  #15  
Old 12-11-2013, 09:30 PM
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she can say the money that you paid towards the mortgage was "rent"
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  #16  
Old 12-11-2013, 09:46 PM
MohGrana MohGrana is offline
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Are you guys lawyers? so the lawyers are all wrong, right? you are smart geniuses know all the ins and outs of these kind of matters. You do not know the nature of our relationship, and if what you are saying is true, she could have gotten rid of me long time ago, she has a lawyer, so you are wring you smart arse. You sound so sure as if you were a judge. Just make a comment or opinion, that is all it is needed... your personal opinion how things might turn out is your say, and it is not in your hands not even in any one's hands.

If you are a woman, then I am wasting my time asking these questions as you are definitely gender bias.

You think you know it all, good for you... I have read many cases way weaker than mine and they were successful in claiming unjust enrichment and they won their cases...

Thanks anyway.
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  #17  
Old 12-11-2013, 10:03 PM
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Quote:
Originally Posted by MohGrana View Post
Are you guys lawyers? so the lawyers are all wrong, right? you are smart geniuses know all the ins and outs of these kind of matters. You do not know the nature of our relationship, and if what you are saying is true, she could have gotten rid of me long time ago, she has a lawyer, so you are wring you smart arse. You sound so sure as if you were a judge. Just make a comment or opinion, that is all it is needed... your personal opinion how things might turn out is your say, and it is not in your hands not even in any one's hands.

If you are a woman, then I am wasting my time asking these questions as you are definitely gender bias.

You think you know it all, good for you... I have read many cases way weaker than mine and they were successful in claiming unjust enrichment and they won their cases...

Thanks anyway.
why are you on this board if you have such low regard for the members? the part in bold, your trial will be in judges hands so you should wrap your head around that.

As for saying we didn't know the nature of your relationship, no we don't, all we can go on is your "facts".
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  #18  
Old 12-11-2013, 10:43 PM
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Quote:
Originally Posted by MohGrana View Post
Are you guys lawyers? so the lawyers are all wrong, right? you are smart geniuses know all the ins and outs of these kind of matters.
If everyone agreed with you, you would be calling us geniuses. Your opinion of everyone's intelligence doesn't determine whether they are right or wrong.
Quote:
You do not know the nature of our relationship, and if what you are saying is true, she could have gotten rid of me long time ago, she has a lawyer, so you are wring you smart arse.
People can only respond to the information you provide. If you aren't getting the quality of answer you expect, it is not the posters' fault for not being psychic, it is your fault for providing insufficient information.
Quote:
You sound so sure as if you were a judge. Just make a comment or opinion, that is all it is needed...
And when you don't get the opinion you want, you become abusive and make sarcastic remarks about people's intelligence.
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your personal opinion how things might turn out is your say, and it is not in your hands not even in any one's hands.
Then why on earth are you here? Your original question on this thread was how to word your application. This would be about 6 hours work for a law clerk who had done a complete interview and had access to all of your documentation. We have none of that. If you want people to give you free assistance, you need to start responding to them more respectfully.

Quote:
If you are a woman, then I am wasting my time asking these questions as you are definitely gender bias.
Sexist remarks and gender bashing are forbidden on this board. I am giving you a warning.

Quote:
You think you know it all, good for you... I have read many cases way weaker than mine and they were successful in claiming unjust enrichment and they won their cases...
The people you are responding to have been through the court system, in most cases for many years. They are speaking from experience. If you don't like what you read here, stop posting.

Quote:
Thanks anyway.
You are welcome.
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  #19  
Old 12-11-2013, 10:43 PM
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Mcdreamy - I don't have much, if any, knowledge about common law and unjust enrichment. You referred to a "JV" - please excuse my ignorance but what is that?

I gather that what you are saying is that in this case the OP's common law spouse has the title of the house in her name. When they split up his recourse, if he proves entitlement, would be money and he cannot lien or stop the sale of her home if she decided to sell? In a divorce situation the proceeds of the matrimonial home could be held up until equalization is resolved. What recourse could a person have who is common law then? How would he prevent lien able assets from disappearing or can he?

Just curious.
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  #20  
Old 12-11-2013, 10:56 PM
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Quote:
Originally Posted by arabian View Post
In a divorce situation the proceeds of the matrimonial home could be held up until equalization is resolved. What recourse could a person have who is common law then? How would he prevent lien able assets from disappearing or can he?
That's the main problem here. They are common law, and so the property is not divided fairly in half like it is for marriage. He keeps what is in his name, and she keeps what is in hers and the values don't matter. In this case, the house is in her name so she can do with it whatever she likes.

IF he has a strong case for having invested his own money in it, beyond what would be the reasonable equivalent of rent, there are avenues he can take, but there would be an expense to pursuing it so he has to make sure before he starts that the potential return would be worth the trouble. Keywords to search for would be joint venture (JV), or constructive trust, I believe.

In general, people here are advising him that it likely isn't worth the expense, which isn't what he wants to hear, of course. Lawyers are probably telling him different and getting his hopes up so they can bill him. But even winning the case wouldn't do him any good if the lawyer gets all the money.

As for the rest of the sexist crap, he's not going to be long for this forum if he can't get his attitude under control. What's he going to do if he gets a female judge?
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