I will be filing an application to request CS & SS, as well property division on a 13 year common law relationship that has come to an end. I need to use the right wording, any advice?
Some colleges offer night courses for writing legal briefs/correspondence for self-representing. Check it out in your area. You will need to be able to do more than fill out forms to be successful. You will have to understand the legal process.
If you start doing some personal research you will get an idea of wording.
Some people on this forum have been successful in representing themselves by committing a massive amount of time into learning the process.
My spouse has renovated the bathroom and is planning to do install new doors and windows. We are in the middle of a separation, and the house is in dispute but no court order is in place, nor a separation agreement has been even dealt with. The house is on her name, but I have contributed in the mortgage and am entitled to half of the property but she is ignoring my rights. Most of lawyers I saw for a consultation have agreed that I am entitled to half of the property and asset... she is taking advantage of the fact that I am severely ill, and I need to know what I could do to protect myself before she even tries something else, such as selling the house.
We have not finalized nor even started the separation agreement on all issues arisen upon our relationship breakdown. Please let me know if you know about these kind of matters, and I just want to know if she is allowed to do all this without my consent as we still live here, and my lawyer has told me I have exactly the same rights as she does.
Yes, she is allowed to do it without your consent, just the same as when you were married. She owns the house, too, and if you wanted to you could do the same - just as you could have before separation.
I see, and this is from the legal perspective that you are telling me this I assume. How about selling the house? can she without telling me if she is planning it?
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.
Start a discussion, not a fire. Post with kindness.
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.
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.
Start a discussion, not a fire. Post with kindness.
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