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    just got kicked out after living with girlfriend and her 6 kids after 20 months..in this time all my money has gone to the house for bills and what not (65000)..we bought a new holiday trailer under her name using our household income and she got a new mortgage for the house using the household income..she got an additional 125000 added on to it to pay off the trailer the car and her credits cards as well..any left over money was used for living and to do renos on the house which is a 9 bed 5 bath house...the renos were mostsly done by me being repainting rooms, laying around 4000sqft of laminate, repairing the foundation and redoing drywall and outside work on the acreage..over this time she used the money from my account to pay off bills ie power, water, credit cards, food and what not( yes i gave her access to my online banking)she has about 3 maybe 4000/mnth coming in if lucky where the money i have brought in has been between 4-7000/mnth(good month)..when she kicked me out she had all my stuff in the garage..i didnt not recieve anything else that we have bought over this time nor did and wont give me any money to move citing that i have sponged off them enough..this was beginning of march while i was away for work..she emailed me an eviction notice when my paystub came in and maintanace started to garnish my wage..question is what do i do..am i entitled to anything like some money for what she has gained and will gain when she sells the house from my hard work..any thoughts or ideas what i can do

  • #2
    personally would chalk up to nightmare.......you werent living together for three years so no establishment of common law is formed.....unless you fathered child with her....garnishment for what???
    if your name not on the debts (mortgage, credit cards, personal loands, etc) I would be satisfied with my stuff and leave while going is good......you can inform bank that you no longer reside there and the income used to obtain mortgage included yours and wasnt hers soley.....not sure how she got approved without proof of income being hers only

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    • #3
      unjusty enriched

      wages were garnished for child support..even though we were only living together forn 20 months isnt it called cohabitation also wont she be unjustly enriched because of my work i did on the renos of the house...my account show my money being transferred to her and also to her credit card bills to her power bills..she transferred anywhere from 1500/mnth to 2700 mnth just to her acct alone..i know she has to sell the house cause she can afford it by herself and she told me that as well

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      • #4
        child support to her is what I meant......do you have a child with her
        cohabitation = roommate.......unless you were living together for three consecutive years in Ontario you are not considered common law....however if one party is still legally married to someone else you are not common law even after three years (illegal to be married to two people at once = bigamy)

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        • #5
          sorry u must have missed the beginning of it..i live in alberta and no to the child support to her..we have no kids together

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          • #6
            have spoken to a lawyer here and he said that she would be unjustly enriched from my work and money i put in but looking for other answers and feedback..just in case he was just looking for work lol

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            • #7
              you are still only considered cohabitation
              end of the day you are out of home and no money changes hands......she is responsible for all debt......she is not unjustly enriched whereas you also enjoyed home "rent" free....Im not saying you freeloaded (not at all)......if you had to live elsewhere you would have still had to pay rent/mortgage........personally like I said before I would walk away and be done with it
              pay your support for your kids and breathe heavy sigh of relief that common law didnt come into effect with 6 kids......some people actually believe that once you live with someone and their kids the non bio father if moves on should be responsible for support as well.....be thankful that not the case

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              • #8
                I dont know what housing costs out there but we are informed that its pretty high comparatively......as you said he could be looking for work

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                • #9
                  the mortgage is only 2000/mnth...im confused as to the fact i did the renos on her house...65000 for 20 mnths is really high for "rent" anywhere in canada..thats 3250/mnth i paid to pay of her credit cards that paid the renos inclusing the home depot card..she will only gain from what i did to the house and the money i put into the renos as well..very confused

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                  • #10
                    Originally posted by ntgtnn View Post
                    the mortgage is only 2000/mnth...im confused as to the fact i did the renos on her house...65000 for 20 mnths is really high for "rent" anywhere in canada..thats 3250/mnth i paid to pay of her credit cards that paid the renos inclusing the home depot card..she will only gain from what i did to the house and the money i put into the renos as well..very confused
                    She called you a free loader, so I suspect there is some bias in your version (as there always is).

                    She does not see you spending money unjustly, she sees you as a free loader so, at the least you would have to fight her, with a lawyer, which would cost a lot.

                    I suspect littleman is right, the best option for you is to move on and forget it.

                    How did you come up with $65K exactly? - can you give us a fairly detailed accounting of that?

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                    • #11
                      If you are able to back up the 65k figure with receipts, or at least a clear paper trail from your account transfers to the house account, mortgage, etc.

                      Be wary of any amounts that she may spent on you, like food, bills, etc that she can come back with. I'm not saying who's right or wrong here, just that this will come down to a battle of receipts.

                      If you can show, not just claim, 65k, then you have a good case for unjust enrichment and possibly a trust claim for part of the house. Your lawyer sounds like he is giving decent advice, but make sure you can back up your claims.

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                      • #12
                        i used my t4 from last year(09) and half my t4 from 08 seeing i moved in june 1/08...i have my statements from my account printed off(from oct 08) and they show all transfers to her account(some months 2700) they also show moneies being paid onto the power bills, electric, credit cards, and so forth... i work in a camp so im gone for 3 weeks at a time and all is done when im gone..can show for the renos which i paid onto the credit card of home depot...dont have anything that shows it goes to her mortgage seeing she transfers from my account to hers then to the mortgage one but have everything else

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                        • #13
                          So what you're saying is she managed to get a court to garnish your wages for child support for her 6 children after you lived together for 20 months? How old are the children?

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                          • #14
                            no..the garnishing is due to 2 sons fom a relationship 16yrs ago that i happen to fall into arrears from..she kicked me out when they garnished my wages

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                            • #15
                              I think you should talk to that lawyer again. You may well have a claim for unjust enrichment, which is based on the common law concept of constructive trust. This is judge-made law and you won't find it in the Alberta family relations statute. Generally judges try to find a way to correct things when one party in a relationship gets taken for a ride. Of course, financial benefits you derived (like free rent) would be subtracted.

                              A lawyer might file a lis pendens against the title to the house which would need to be cleared before she could sell it.

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