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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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Old 01-07-2011, 11:07 PM
NoDeadbeats NoDeadbeats is offline
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Default No Common Law - Unjust Enrichment

Greetings,
I have been living at a house for 2.5 years, made a big mistake by not limiting her % on the deed/mortgage of the house when it was purchased. I paid the downpayment of $70000 from my account and have paid all the mortgage bills since day one. She has no job, and I let her quit to go to school a year ago, but she never bothered to sign up, and has been living free since then. Previous to that she only worked a few months when we moved in and was laid off or terminated... who knows. I have to pay someone to cut the grass and shovel snow and no improvements have been done on the house without me doing them or paying for them. I have reciepts to back up these statements. I also had to leave the country to find work that could sustain her voracious spending habit only to find out that she has been keeping a boyfriend behind my back. I am going to file an unjust enrichment claim when she goes for my house (she has no money at all right now and I won't be back to canada until at least march). Do I have a case? Any other help would be greatly appreciated.

Thank you
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Old 01-07-2011, 11:38 PM
logicalvelocity logicalvelocity is offline
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I think it's most economical to Settle prior with your almost common law spouse. Considering what you mentioned, Unjust enrichment is a poor investment of ones resources. The outcome will exceed the 70,000.00 initial investment in the home.
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Old 01-07-2011, 11:53 PM
logicalvelocity logicalvelocity is offline
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oh yeah, I almost forgot, Welcome aboard.
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Old 01-07-2011, 11:58 PM
NoDeadbeats NoDeadbeats is offline
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I tried that route, she's not settling for a fair amount. How long would one of these cases take to:

A) Get to cout to begin with
B) Take to settle

And how long would the money be locked up for in this process? Personally I want to settle, but she wants too much frankly and she is going to have bill collectors calling shortly for her car/phone/credit cards real soon as I have revoked her access to my money. I'm hoping this influences her decision.
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Old 01-08-2011, 12:21 AM
logicalvelocity logicalvelocity is offline
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Seems to me your looking for a Tarrot reading on a blind process. lol, First step is to do the math. Their share is about 35 as they are listed on instrument, regardless of origination.

How were they unjustly enriched and how much will it cost for you to show?

Since, you have been in some deliberations; What exactly do they want, considering they have some knowledge of the situation?
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Old 01-08-2011, 12:25 AM
NoDeadbeats NoDeadbeats is offline
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She wants over 20, I have reciepts for all mortgage payments, the initial down payment, all the maintenance and improvements all monies came from my bank account. She has done NOTHING in years and paid the same for it. I had to hire someone to hang curtains.
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Old 01-08-2011, 12:28 AM
logicalvelocity logicalvelocity is offline
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Really, no way. Who did you pay to wash your dishes, cook your meals and of course, do your laundry?
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Old 01-08-2011, 12:29 AM
NoDeadbeats NoDeadbeats is offline
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The problem is also, that last year I made a LOT of money that she wants to get her hands. She wasted most of it on junk and dipped into my tax reserves as well, so now I have to cover the tax and will be losing the house beause of that possibly.
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Old 01-08-2011, 12:30 AM
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Quote:
Originally Posted by logicalvelocity View Post
Really, no way. Who did you pay to wash your dishes, cook your meals and of course, do your laundry?
I had to do that on my own. I am rather domesticated. Someone has to clean toilets.
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Old 01-08-2011, 12:37 AM
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Surely, you did something initially as a couple in good faith. Seems like you listed them on title in common voluntarily.
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