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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 06-06-2013, 11:49 PM
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You married a loser - join the club. Unless you have money for forensic accountant (potentially over 10k) and private detectives you'd better get used to the idea that you've been had. If he's self-employed you are even more screwed. Easy for them to hide money.

Before you pursue the matter ask yourself if it's worth years and years of your time and energy in court.
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  #12  
Old 06-07-2013, 12:07 AM
phaydra phaydra is offline
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we weren't married though. I thought because we weren't married and my parents put up the down payment, that even though he is on the mortgage and title but didn't pay anything, the house is legally mine. i even have an order saying i have exclusive possession and use of the family home. it's not like i can go out and work. why should i have to pay for him to build his business?? also, I think he may be dating someone. if they were to move in together, would i still need to pay?
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  #13  
Old 06-07-2013, 12:50 AM
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Quote:
Originally Posted by phaydra View Post
I thought because we weren't married and my parents put up the down payment, that even though he is on the mortgage and title but didn't pay anything, the house is legally mine.
You may not have been married, but he's on the title. He legally owns the house with you. It's a shared asset no matter where the purchase and upkeep money came from.

Even if he wasn't on title, he could have a good case to get some money back out of it, since he invested in it. It just wouldn't be 50-50.

As for spousal support, you are thinking of it backwards. You would not be paying for him to build his business in the future. You would be compensating him for the income he lost while he was looking after you instead of working in the past.

You think the fact that you broke up and he is now seeing someone else undoes the money and work he put into a house he is a half owner of? Makes his name vanish from the title? Or that his new relationship makes the fact that he quit his job to look after you vanish?

Step back from the emotions and think logically for a few minutes. You are going to have to negotiate with him or take him to court to try to convince a judge it's wrong to be fair with him. Make an offer to him somewhere between the zero you want to give him, and the 50% a court would likely give him. If he accepts, you've saved yourself a lot of time and stress and money.

Last edited by Rioe; 06-07-2013 at 12:53 AM.
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  #14  
Old 06-07-2013, 01:26 AM
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i was thinking it was excluded property because it was bought with an early estate payout from my parents. section 85 of the bc family law act states that gifts or inheritances to a spouse are excluded from division.

he is using section 81 spouses are both entitled to family property regardless of their respective use or contribution. On separation each spouse has a right to an undivided half interest in all family property.

which one of us is right? and again im on disability, i can't work, he can! surely that entitles me to keep the house, i won't ever make anymore money than i do now, and losing the house, i could never hope to stand on my own two feet. he would have all his life to earn more money and to buy another house.
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Old 06-07-2013, 02:00 AM
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Originally Posted by phaydra View Post
i was thinking it was excluded property because it was bought with an early estate payout from my parents. section 85 of the bc family law act states that gifts or inheritances to a spouse are excluded from division.
This only applies if you keep the funds separate (for your use only) and don't use them to buy joint property.
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  #16  
Old 06-07-2013, 02:04 AM
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and again im on disability, i can't work, he can! surely that entitles me to keep the house, i won't ever make anymore money than i do now,
Unfortunately there is no link between equalization and earning power. BUT your disability would affect spousal support - some or all of which could be transformed into a lump-sum and traded against the property being equalized. But you have to get established the right to spousal support before you can do this sort of trading.
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  #17  
Old 06-07-2013, 02:28 AM
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I'm really scared now. My lawyer has been telling me that i have rights to the whole house based on that section. i guess i just wasted a whole bunch of money for nothing. how am i going to get out of this and still keep the house. I can't afford to buy him out. if I do, the house will have to be sold...and that's what he wants! i refuse to play into his hands! he's a bastard! I'm also sure he cheated on me. based on that fact alone, he should not be entitled to any of the house.
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  #18  
Old 06-07-2013, 04:28 AM
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I'm really sorry, I guess i seem selfish. There are other things going on I have not disclosed, but the house has been my main concern, and that said, it looks like from what i've read here, that the house will have to be sold. I'm heartsick over this, I planned to live out the rest of my life here, with a man who up until a few months ago I thought i would spend the rest of my days with. My world is collapsing around me, I have no one to care for me, and my own family doesn't care. everything i thought i was, was tied to my ex. I don't know how I can go on without him. He turned his back on me, and our love, and now i am left holding the pieces of an unfinished life.
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  #19  
Old 06-07-2013, 07:39 AM
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Quote:
Originally Posted by phaydra View Post
i was thinking it was excluded property because it was bought with an early estate payout from my parents. section 85 of the bc family law act states that gifts or inheritances to a spouse are excluded from division.
He contributed some money of his own, and he did repairs, and he is on title. Your case for making this excluded is really really thin. I'm being polite here, I honestly don't see how you can exclude this at all, you'll be laughed out of court.

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which one of us is right? and again im on disability, i can't work, he can! surely that entitles me to keep the house
Your are confusing two issues:

1) Equalization
2) Ongoing support

Your disability can effect ongoing support, but it is unlikely to affect equalization. You don't get to keep the family property because you are disabled. You don't get to keep the family property because your ex has the potential to make more money 10 years from now.

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i won't ever make anymore money than i do now, and losing the house, i could never hope to stand on my own two feet. he would have all his life to earn more money and to buy another house.
You make more money than him, and by your own admission he hurt his career to take care of you. If all he gets is half the house, then you have probably lucked out. You need to settle fast, your ex has you over a barrel here. Potential payors are treated very badly in family law, you don't want to get involved in that mess.
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  #20  
Old 06-07-2013, 07:44 AM
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Originally Posted by phaydra View Post
I'm also sure he cheated on me. based on that fact alone, he should not be entitled to any of the house.
Minor addendum: His cheating is irrelevant, don't waste any time dwelling on that.

He could have a harem of girlfriends that he brought to the house on a nightly basis for 7 hours orgies, and he could provide you with the videotapes as proof, and you would not get a thing from it... except a slightly faster divorce.

I agree, adultery should void any spousal support obligations, but apparently when you sign a marriage contract, the only clause that sticks is the one that says that the person who makes less money gets to steal some cash from the harder working half of the couple.
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