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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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Old 01-23-2012, 10:37 AM
roger roger is offline
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I have been common law seperated now for a year. I have paid child support since split. When we split she had not worked for 2 years. Left the household with kids to live with an old ex. ( KIds are 16 and 21) Only one in school. Out of 2 years. she came back for 4 months and last time about 5 months before permanent split. I had a $19,000.00 debt which she said she was not going to absorb in any way. I re-mortgaged and both her out and gave her half the RRSP for a total pay out of $128,000.00. When she quit working I ended up paying her line of credit of $4.300.00. So with her not paying anything for 2 1/2 years she made out pretty good in my estimation. (can I claim for unjust inrichement for the years she did not contribute to mortgage and all the other bills) Now she is back for more, she wants SS and wants to get at my federal pension. We had 2 beautiful kids that I love and support. Since she has moved out kids hardly ever talk or visit me,I'm devasted by it. She was not a stay at home mom worked trough out our union. In 2006 she was cought for defrauding revenue canada for over 10 years she did not want to file has a common law spouse and and got baby bonuses. She had to repay them over $15,000.00. We never had joint accounts so the money was all hers. I did tell her on numerous time not do that but she contnied to do it. Her originall lawyer told her she could not touch my pension and my lawyer told me the same but still worried that this persone will not stop till she gets it. Her new lawyer as sent me a letter asking for financial disclosure again.. should the information for previous lawyer been sent to this new one? Can anyone please inlighten me on how I can proceed with this. Thank you in advance for your input much appreciated. R.G.
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Old 01-23-2012, 03:06 PM
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NBDad NBDad is offline
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You simply reply to the lawyer that all equalization has already been taken care of as per the payments made on X date. Then list the amounts she was given and when.

If they are that gung ho, let them take you to court to get it ordered.
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Old 01-23-2012, 04:41 PM
roger roger is offline
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Tank's for reply. At time of payment the lawyer dispearsed the money to her but no agreement was signed, is it still a biding equalization payment to her?
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Old 01-23-2012, 04:48 PM
HammerDad HammerDad is offline
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It would be hard for her to prove it wasn't.

You can prove you paid her X amount of $$ on such date and that it was your position it was for equalization of matrimonial assets. That puts the onus on her to argue that it was something else, like a gift or whatever.

But let them argue as to why they should be entitled to more when you've already provided her with so her portion of equalization.
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Old 01-23-2012, 04:59 PM
roger roger is offline
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So what about SS and my pension is that still open to debate? I thought that common law was whatever you have is yours and like wise for her. Seems to me that when we split and I had that debt load of $19,000.00 and 2 1/2 years that she did not contribute, she was not willing to share does expensive but turnrs around and now wants my pension and SS. What is your view on this. Tank's again for you input I really appreciate this.
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