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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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  #1  
Old 11-17-2014, 06:19 AM
viewfromthecheapseats viewfromthecheapseats is offline
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Default What happens next?

The CC has been completed and my husband was ordered to have an appraisal done on the house we are living in. His ex CL has brought an unjust enrichment claim against the house. It was appraised at 150,000 and has 148,000 owing on a line of credit against the house.

The house is not solely owned by him but he is tenant in common with his mother. What does this mean for the unjust enrichment suit?

There was an order for disclosure for income for both parties. His ex CL failed to disclose any change in income even though she has been working at least part time for several months. She was ordered to provide tax info and statements from ODSP. She provided tax return info but no statements from work or social assistance. Is this something that is usually left to the last minute? Settlement conference is scheduled for Feb 2015. Judge ordered 90 days from the beginning of Oct to have information provided by each party. He is self representing and she has LAO. She is also applying for SS retroactive to the date that he left the house. Two years. For the first 10 months he maintained all bills and costs for the house with her only being responsible for her own food costs and any other personal expenses. There is a request for custody but I believe it is basically a smoke screen as their son has been living with us since Feb of 2013 and he is almost 17. Thank you so much for any insight or information!
Aviewfromthecheapseats.
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  #2  
Old 11-17-2014, 08:28 AM
wantmyfreedom wantmyfreedom is offline
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Your settlement conference may get adjourned for her lack of dislosure. There's nothing to settle if there is no numbers to work with. Ask for costs.

Ask for an order for banking disclosure if she is being evasive in order to impute an income to her.

She has to prove her entiltlement to SS and it is usually dependant on a number of factors.
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  #3  
Old 11-18-2014, 05:29 PM
viewfromthecheapseats viewfromthecheapseats is offline
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Thank you for your response. He has asked for disclosure on banking information from her but was denied. He has to provide his. I am pretty confident that she will receive SS. There isn't any pressing reason for her to not receive it. Spousal seems to be the default much like shared parenting. He has made offers re: spousal but she has declined them.
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Old 11-18-2014, 05:34 PM
viewfromthecheapseats viewfromthecheapseats is offline
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Do they even need those numbers since ODSP isn't considered income for the purposes of support she is seeking spousal, he is seeking child support.
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Old 11-18-2014, 05:34 PM
Links17 Links17 is offline
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Government benefits should be easily calculable given a person's income....
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Old 11-18-2014, 06:43 PM
viewfromthecheapseats viewfromthecheapseats is offline
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I believe the issue at hand was not just her income specifically but whether she is on ODSP or OW and it was brought to his attention that she might be collecting baby bonus and benefits for their son as well.
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Old 11-18-2014, 06:44 PM
viewfromthecheapseats viewfromthecheapseats is offline
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For the purposes of the unjust enrichment plea if there is no equity what would normally happen? Is it S.O.P. to leave the disclosure until just before the next appearance?
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