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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

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 12-12-2013, 09:09 AM
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Some CanLII cases you may or may not have come across:

Kerr v. Baranow, 2011 SCC10, [2011] S.C.R 269
S.M.P. v. M.E.K. 2013 BCSC 145
Bressette v. Henderson 2013 BCSC 1661
Pittendreigh v. Durocher 2013 BCSC 707
R.Y.D. v. D.W.W. 2013 BCSC 472

I believe the last one goes into quite a bit of detail about "gifts" from parents. There may or may not be some relevance to your situation. I don't know anything about common law but currently find it quite interesting.

Last edited by arabian; 12-12-2013 at 09:14 AM.
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Old 12-12-2013, 10:48 AM
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Simply file a motion asking for the house to be sold.

Ask that all proceeds from the sale be held in trust until such time that other issues are resolved. You could also say that 10% would be released to each of you and the rest held in trust.

I found in my case the do nothing approach worked best. She wanted a whole bunch of things. I sent 5 offers to settle all with 50/50 division of property as well as access. She rejected them. I scheduled a motion to have the house sold. She settled 5 days before the motion.

The law is on your side. Put their feet in the fire.

Have you sent an "official" offer to settle yet?
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