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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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Old 11-22-2011, 03:05 PM
Toomuch Toomuch is offline
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I have a question and need some help. My ex boyfriend and I were living together for only 6 months. He is now claiming that his lawyer states he has a right to half of my house. From what I am seeing on the internet this is not true in Ontario. The house is in my name as are all the bills and the mortgage. I want to be sure of my convictions when I tell him he has no right to my property or money.

The other issue is that we booked a vacation together which is booked for December. He is now claiming that he can sue me for the amount of the vacation because he paid for it. It was booked on my credit card and he gave me cash to pay for the trip. I paid for the airfare and hotels. He paid for the resort. He told me on the phone last week that I could keep the trip as a gift and now wants payment. Any suggestions.
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Old 11-22-2011, 03:20 PM
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Quote:
Originally Posted by Toomuch View Post
I have a question and need some help. My ex boyfriend and I were living together for only 6 months. He is now claiming that his lawyer states he has a right to half of my house. From what I am seeing on the internet this is not true in Ontario. The house is in my name as are all the bills and the mortgage. I want to be sure of my convictions when I tell him he has no right to my property or money.

The other issue is that we booked a vacation together which is booked for December. He is now claiming that he can sue me for the amount of the vacation because he paid for it. It was booked on my credit card and he gave me cash to pay for the trip. I paid for the airfare and hotels. He paid for the resort. He told me on the phone last week that I could keep the trip as a gift and now wants payment. Any suggestions.
First off, don't take legal advice from either him or his lawyer - get your own advice.

As far as the house goes, you don't give a lot of info to go on. Was the house yours befor you got together or did you buy it together? Who pays the mortgage/bills/renovations/maintenance?

As for the vacation, if the two of you planned and booked it together then morally (if not legally) you have an obligation to split the cost. Figure out the total cost and split it in half. If he's said it was a gift, try to get it in writing via email if possible. But in all fairness, you'd either split it or one of you would purchase the rest from the other and make plans to go with someone else.
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Old 11-22-2011, 03:21 PM
Exquizique Exquizique is offline
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Quote:
Originally Posted by Toomuch View Post
I have a question and need some help. My ex boyfriend and I were living together for only 6 months. He is now claiming that his lawyer states he has a right to half of my house. From what I am seeing on the internet this is not true in Ontario. The house is in my name as are all the bills and the mortgage. I want to be sure of my convictions when I tell him he has no right to my property or money.

The other issue is that we booked a vacation together which is booked for December. He is now claiming that he can sue me for the amount of the vacation because he paid for it. It was booked on my credit card and he gave me cash to pay for the trip. I paid for the airfare and hotels. He paid for the resort. He told me on the phone last week that I could keep the trip as a gift and now wants payment. Any suggestions.
Common law status is 3 years (1 year for CRA purposes i believe) or when the parties have a child together.

He'll soon discover that it'll cost him more to "sue" you for whatever he perceives you owe him in terms of "trip money" than the actual money he's going to potentially recoup! How petty and silly.

As Blink commented though, if you two are "over" it would be best if you are able to objectively identify his share of his contribution to the vacation and reimburse him for it, to keep things "fair" and above the board.
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Old 11-22-2011, 04:41 PM
Toomuch Toomuch is offline
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The house was mine before we got together. All the bills, mortgage, maintenance were paid by me from my account. He gave me rent but nothing near 1/2 of what the bills were..anyway he shouldn't expect to live for free. I did all the groceries as well. There is nothing about the house in his name or paid from his account.
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Old 11-22-2011, 05:03 PM
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he has no right to your house and is really barking up the wrong tree. I wonder if his so-called lawyer is just a buddy giving him the right advice, if you were married. You were only common law for a short time and he paid you rent so he can go fly a kite.As for the trip, if it is transerable then one should pay the other the money they put in and take someone else on the trip.
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