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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 09-17-2019, 09:30 PM
cookiemonster cookiemonster is offline
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The property was jointly purchased during the relationship and both our names are on title.
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  #12  
Old 09-18-2019, 08:49 AM
rockscan rockscan is offline
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You were common law which makes it different. That means the value of the house on separation is what is split. Even if the house has increased in value, it is the value of the house on separation not anticipated value or expected sale price or value of other properties.

You need to also split the mortgage. Which means if the house was worth $500,000 when you split and the mortgage was $300,000, you would split the $200,000.

If the house was worth 500g when you split but then he sold it two years later for 700g, you are not entitled to that money. The market changes, improvements he made, or other changes that increased the value are all irrelevant to the value on the day you split.

A lawyer will tell you what you want to hear to make money off you. They will always get paid regardless of whether you get paid.
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Old 09-18-2019, 10:15 AM
tilt tilt is offline
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Not just your lawyer’s fees, you can be Ordered to pay his lawyer fees too, if you go to court. If the lawyer isn’t doing it pro bono the lawyers are looking out for their own interests ($$$) rather than yours. It is an uphill battle to set aside a contract you signed.
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  #14  
Old 09-18-2019, 11:02 PM
cookiemonster cookiemonster is offline
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Quote:
Originally Posted by tilt View Post
Not just your lawyer’s fees, you can be Ordered to pay his lawyer fees too, if you go to court. If the lawyer isn’t doing it pro bono the lawyers are looking out for their own interests ($$$) rather than yours. It is an uphill battle to set aside a contract you signed.
Thank you. Yes, an uphill battle and a potentially expensive one at that...

I've been reading case file after case file on CANLII. Very interesting!
Most of the cases relate to child support / custody and spousal support, but I did find a few that in certain ways related to my situation. Am I correct in thinking that if I can find supporting case file material, that I could then use that to give my case more strength? As in using case file references when setting out my case? I see a lot of cases referencing other cases to somewhat prove their points and give their current case more credibility
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  #15  
Old 09-19-2019, 07:13 AM
rockscan rockscan is offline
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Those cases would be backing for your argument. You have to have the actual situation happen to you. Because you are common law your situation would be unjust enrichment so they would be showing how a judge ruled on unjust enrichment.

Make sure the cases you look at are common law and unjust enrichment. You can’t use a case of married people to prove your argument.
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