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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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  #11  
Old 11-28-2012, 11:00 AM
OrleansLawyer OrleansLawyer is offline
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Is it reasonable to pay for an hour to meet with the second lawyer to review her opinion and idea of costs before I pay a retainer ?
Yes.

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What questions do I ask her ?
What do you want to know?
You will likely want to discuss your entitlements and obligations, along with the risks and chance of success. You may also wish to be appraised as to the time frame and cost.
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  #12  
Old 11-30-2012, 09:38 PM
shoretyus shoretyus is offline
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I did the interview with the second lawyer. She now has a second opinion suprize suprize.

It such a complicated case. I may have to fight it myself but being so complicated I know I will get walked on if I do.

The hole is in the separation/divorce . If I can prove that the divorce never happened then it put me back in entitlement for her HOOP pension and the rights of a married spouse.

This second lawyers first concern was the amount of time that it would take to find caselaw about the 90 day reconciliation clause that some docs are worded with.

I need to find some caselaw concerning overturing separation/divorce.

Separated in 99 and did a shared custody no support. She refused to make a settlement until maybe January 2005. We drew up the paper work at one lawyer. He is now deceased. I don't have a copy. I found out who has the files and have put in a request for the info from his files. There is no divorce registered at the court house (the county we resided in ). I phoned an Ottawa number that I was given at the courthouse and was told they will tell me where it was registered.
What are the odds that it was never registered?

She lost custody by CAS for the third time and moved in back in with me three months later...or maybe sooner. I can prove that month through phone records. But I don't have the exact date of lost custody from CAS yet.


Her basic argument in with the commonlaw relationship angle is that she put money in without benefiting. Is there and argument that she benefited by having a not to be supervised by the CAS and my presence to monitor mental health? I know that sounds bizarre but I spent more than two years guiding her through a series of psychotic episodes.

If we where married I would be entitled to compensation for labour costs for work on two houses she owned and sold while we were separated. This is outside of the house in dispute. I have a 1 1/2 yrs worth of labour into this place

If we still married would she not also be still responsible for some of my debts?
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  #13  
Old 12-03-2012, 10:53 AM
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NBDad NBDad is offline
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You are making a mountain out of a molehill.

She's claiming 60K, basically the value of the LOC that she claims she put into the home. You indicated that she also spent the money on other things.

As has already been mentioned to you, the least messy way of getting this done and over with, is to ask her to provide documentation backing her claim. receipts for materials/etc. and then make arrangements to buy her out. She IS owed money for this. You do not have a strong case to NOT pay her back.

Have the home appraised to determine how much of an increase in value the investment had added. Take the increase in value, /2 and offer her that to walk away.

You claim the other part as occupational rent/etc. That's your best bet. Your 2500 retainer will get eaten up in no time if you decide to try and reopen all the old pension/financial crap. Retainer X 10, and 1-3 years is what you are looking at in actual cost. AND you will most likely still wind up paying her back some or all of that money. OR she will force the sale of the house.

Next time, don't be stupid and take back the documented psychotic headcase. You had custody handed to you on a silver platter and you mucked it up. Have you learned your lesson yet? Don't stick your dick into crazy.
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  #14  
Old 11-21-2013, 06:31 PM
shoretyus shoretyus is offline
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Update. Retained a lawyer via Justice Net. I put together a claim that basically balanced my labour in the house against her financial input into the increased value of the house.

I also was made a claim for spousal support, stated that she had not paid rent for the seven yrs.

We had our first case conference. I had to sign over a car that was in my name. We asked for receipts to support her claim.

I submitted my receipts and a case conference brief last month. We had another case conference today. There was a pre case huddle of our lawyers.

She's trying to go bankrupt and if she does her claim against me disappears.
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