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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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  #1  
Old 05-06-2013, 11:31 AM
paris paris is offline
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Default Common law separation

This relates to my husband's daughter.

6 years ago she and her boyfriend bought his grandmother's house for 120k. They each put 10k down. 2 weeks after they bought it he quit his job and hasn't worked since. He now receives ODSP. There is now about 90k owing on the house. It's still only worth about 120k, maybe 130k.

He offered her 10k to walk away. I think his Dad is planning to help him. She could fight for a little bit more, but I'm sure the lawyers would eat up any extra. I'm concerned if lawyers get involved he could try to get SS from her. She works full time but has a low income.

About 6 months ago they renewed the mortgage for a 5 year term. If they sell the house there would be a large penalty. I'm hoping there won't be a penalty if he takes over the mortgage.

I warned her about SS and told her to take the money and run, and to stay in the house until he has the financial arranged.

I just want to make sure I've given her correct advice. I did tell her she should take advantage of a free lawyer consult.
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Old 05-06-2013, 11:58 AM
HammerDad HammerDad is offline
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$10k is likely more than she'd get if the house was sold and realtor & legal fees are paid and the penalty to break the mortgage.

Personally, I'd take the money and run. There is not much she'd be able to get that wouldn't const her more money than it's worth and/or more stress.
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Old 05-06-2013, 12:14 PM
involveddad75 involveddad75 is offline
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If she takes the money, my the ex sign a document that says he gives up the right for SS in the future.
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Old 05-06-2013, 12:43 PM
paris paris is offline
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Thanx HammerDad, I agree. She's content with the 10k... just worried that if he transfers the mortgage to himself and his Dad that there will be penalties to pay. She was going to accept the 10k and tell him he covers all legal and bank fees.

involveddad, I thought of that, but decided it might be better to not put the idea in his head. I think his ODSP is just about equal to her wage (currently).
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Old 05-06-2013, 05:18 PM
standing on the sidelines standing on the sidelines is offline
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if he stays with the same bank he has the mortgage with now they may waive any fees and penalities
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Old 10-21-2013, 07:06 PM
paris paris is offline
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5 months later, and this problem is still a problem.

He couldn't get any money to buy her out. She doesn't want the house... wants to sell it. She was only able to get a realtor's estimate on the house last week. He told her $160k as is (more than we expected). The place is run down and jam packed with junk. He offered to get her a dumpster to clean the place out before listing.

He won't sign listing papers. Blames her him losing his Grandmother's house. He wants to be in the house for Christmas. She told us he has given her money monthly to contribute, but never enough to cover his half. He threatened her with going after SS from her.

So she's still in the house. Can't take much more I'm sure. She's arranged to live with her Mom when she's ready. If she leaves, none of the bills or mortgage will get paid. The mortgage and deed are in both their names.

I don't know how to advise her to get the house sold. She needs to get him out of there first, but he will not cooperate.

Any ideas? I'm familiar with the divorce forums, but not the common-law forums.
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Old 10-21-2013, 08:52 PM
Mess Mess is offline
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His grandparents house. Beyond any finacial obligations, he has a real attachment and value to this house that the other party does not have. Seriously, if the situation were reversed, the other party would be arguing this as well.

In a corporate situation we would call this "Goodwill" and it would have a legitimate monetary value as an asset.


OK, so what do you want? What does your "friend" or "relative" want? They want to walk away and not lose anything. Fine.

The other party doesn't want to lose anything either, and that includes their grandparents' house, which the moved into with genuine intentions of having a LTR and a family. Stop and think about what they are sacrificing here, compared to what the other party is sacrificing.

The other party didn't have their grandparents' house, and are giving up their down payment.

Forget court. What is each party losing here? Is it equal?
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Old 10-22-2013, 10:16 AM
paris paris is offline
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She wants to leave, but she has been advised from everyone to stay until the house is settled. She doesn't want to buy him out. He can't buy her out. So, they need to sell it. They will pay out the bills and split what is left equally. I understand his attachment to it, but he can't come up with the money to keep it.

It's a stressful situation for both of them. She is broken down enough to walk away and just let him have it, but that doesn't get her name off the title or the mortgage. It has to be sold.

So what if I tell her she doesn't have to stay? She could move to her Mom's tomorrow. How does she then deal with the mortgage and bills? He will NOT sign the listing agreement.

She is my step-daughter.
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Old 10-22-2013, 10:47 AM
good_mom good_mom is offline
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Her boyfriend...hum so this means they are not married.

Why would he be intitled to SS?
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Old 10-22-2013, 11:03 AM
firhill firhill is offline
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Quote:
Originally Posted by paris View Post
She is broken down enough to walk away and just let him have it.

She could move to her Mom's tomorrow.

How does she then deal with the mortgage and bills?
Call his bluff on it.

Move out of house, in with Mom and stop making payments.

If the house means that much to him, he will find a way to make the payments to avoid losing it.
Worst case scenario...he can't/doesn't make payments, it goes into foreclosure and both of your credit ratings take a hit.
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