Announcement

Collapse
No announcement yet.

HELP ME!! Common-law 15 years he has a girlfriend and won't leave!!

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • HELP ME!! Common-law 15 years he has a girlfriend and won't leave!!

    Ok, here's my story. Been together 19 years, lived together 15. I bought a house and he moved in with me. i gave him rent receipts for the first few years. then he decided that he was paying part of the mortgage. we had a daughter 11 years into the relationship. we have always kept everything separated finanicially. I always paid my half. We decided to get another house and this house is in both of our names. my parents gave me 1/3 of the purchase price of the house for the down pymt. i have since paid off the remainder of my half of the new house from money from the first house. i had given him the money back that he put in on the other house. There is a mortgage on the house which is his half. (yes, my name is on it) Now that we have decided to end the relationship he feels he is intitled to half of what is in the house. Can he get it? what about unjust enrichment? He has a girlfriend and is gone there almost every weekend and during the week sometimes but won't move out or end this situation.
    I have told him i don't want spousal just child support. We aggree that i get our daughter and he has her every other weekend and will work out holidays.
    i have been advised by lawyers if i leave with our daughter i could lose custody and i cannot change the locks as we are both legally entitled to live here. How do i get this relationship to end? I have offered to give him what he has paid into the house plus extra. he makes good money. I have never made much over minimum wage but i hord my money and don't do anything frivilous. Very confused and frustrated.

  • #2
    I am not sure in which province you are as there is differences, here some link to Ontario and family law. Keep in mind that there is variance as some separation are unique. Ministry of the Attorney General - What You Should Know about Family Law in Ontario

    He is entitled to half the house if his and your name are on the title, but you need to prove unjust enrichment and this is not easy, you need all receipt or bank ttransaction related. It may be possible to put a motion to the court for exclusive possesion of the house if the situation is unhealthy for your daugter. Child in separation is always the priority of the court. But the best thing to do is consulting a lawyer.

    PS do not do like my ex, her name was not on the title but she falsely accused me under criminal law of a crime that i did not commit. She now has to face the crown attorney as her story is full of hole and do not make sense. Well good luck

    Comment


    • #3
      Hi,

      I can only speak to my situation and the knowledge I have gained in the past 2 years of my Common Law separation. No matter what the situation, the laws are similar...there is no matrimonial home as there was no legal marriage (it becomes the common residence) and there are no rights to pension (in Ontario) for the same reason.

      I do suggest that you locate/keep all the receipts for the purchases and payments that you made and keep an itemized list as, without a cohabitation agreement, each person takes what they brought to the relationship. I believe that because you are both owners of the property, you are entitled to at least 50% of the profits of the sale based on the value of the mortgage on the date of separation. Find out how much was owing on the property on that date. Additionally, since that date if you have been residing there and maintaining all of the payments, you may be able to receive those from the proceeds of the sale...but consult with a lawyer. As "Max22258" stated, he is entitled to half the house if his and your name are on the title, but you need to prove unjust enrichment and this is not easy, you need all receipt or bank transactions related. It may be possible to put a motion to the court for exclusive possession of the house and if this is successful you can change the locks and or take action if he tries to gain entry to the property. Ensure that this is a signed court document!!

      It is also possible to receive an order for spousal support based on the discrepancies in income, especially if there are children involved. Although you have stated you do not want to make this claim, you are entitled to it and may need to use this as leverage to encourage him to leave the property (with minimal discussion/involvement with your daughter).

      It sounds like this is a control/power issue for him. Research everything carefully (including child and spousal support based on the charts, so you know the dollar figure) and outline exactly what it is you want. If you think he may be reasonable, initiate mediation so that a memorandum of understanding (like a separation agreement) can be reached. This way a 3rd independent person drafts what was discussed and decided. Ensure you register this agreement with the courts (my mistake!) and seek independent legal counsel to ensure it becomes a legal separation agreement bound by the courts.

      Finally, and my best advise...make sure you check your credit rating!! Close out any supplementary credit cards that you may have jointly or have your name removed!!! You may also wish to have the ones you utilize re-issued so that there is no opportunity for him to access or affect your credit.

      Unfortunately the ending of a relationship is never as exciting or easy as the start, usually because there is an erosion of trust causing one's integrity to be lacking. Get everything you can in writing and keep any communication that you may have had (e-mails & texts on your phone) that lends support to your understanding/views/beliefs of the situation (even if he did not respond).

      Hope this helps....Good Luck!

      Comment


      • #4
        Someone please tell me the law...

        My bf shared a house with his ex...he bought the house so his son could live with him (this child does not belong to her) and she lived with him for about four years (but the house in question was only lived in for about a year and a half). He bought the house, his name is solely on the deed and mortgage. They both filed as single on their taxes. She borrowed about 11k a year and a half ago and spent $7500 on new kitchen cabinets. The house is worth less than the mortgage as the market has decreased (in Alberta) by about 20 thousand. He left and continued to pay half the mortgage. He has since asked her to leave and she agreed to a buyout for compensation for her renos. She accepted $5500, but since is refusing to leave the property, now stating she wants $9000 and will not exit the premises until she gets it. She also says she put a lien on the mortgage. Is this possible? Can he give her notice to get out and does he have to give her anything at all? What exactly do we have to do do get her out?? Please help!

        Comment


        • #5
          muscle_woman - you should start a new post for your question.

          Comment


          • #6
            How do I do that? Eeek :s
            Thanks!

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X