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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 11-25-2010, 10:38 PM
rose35 rose35 is offline
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Default Common Law House Division

My common law partner and I recently purchased a house that needed alot of work. Sadly this has led to the end of our relationship, among other issues.

When we purchase the house, my parents gave me $10,000. $3000 was set aside for back up funds. The rest went to lawyer fees, repairs, reno's.

My partner took out roughly $6000 from his RRSP's which were saved only while we were together.

When we sell the home, after all lawyer, realator and bank fees. Do I get my $10,000 (minus $3000 set aside) back, then if anything left after that split 50/50?

The $6000 in RRSP's he saved each month before helping with joint bills. I payed a car loan (in my name but benefited him) for less each month and put $0-$50/mth if I was lucky for savings as the rest went to joint bills.
We payed bills based on our income precentage after he took off his RRSP contributions.

I'm concerned as I'll need some of this $10,000 to pay off some out standing bills and find a new place for myself and child.

Also, can I purchase a house if there are no lawyers involved and we can sign a seperation agreement? Or can he come back and take half of it?
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Old 11-25-2010, 10:54 PM
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His RRSPs were his and he has as much right to recover his money from the house sale as you do. He get's that $6k, you get $7k, so in fact you would be splitting everything from the house very close to 50/50. Don't bother wasting thousands of dollars fighting this.
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Old 11-25-2010, 11:19 PM
rose35 rose35 is offline
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I was told I was intitled to half his RRSP contribution and pensions or does this not apply to common law?

Also, I had read that since we're common law what we bring in we take out then assests are divided? If we have recordes which I do.
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Old 11-25-2010, 11:37 PM
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I think you would be entitled to some if his RRSPs if they were still in RRSP form, if he cashed them out then you likely wouldn't be.

You're on mat leave, so you do have a job, do you also have RRSPs? If so, will you be splitting those with him?
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Old 11-25-2010, 11:52 PM
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I have a job that pays just above min wage, that pays much higher in another city. (different owners thus wages are set differently).
As for RRSP's I have maybe $500 as my money was going towards the joint bills and my car loan.
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Old 11-26-2010, 12:16 AM
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How long did you live together?
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Old 11-26-2010, 12:35 AM
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almost 5yrs with one child
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Old 11-26-2010, 09:55 AM
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For a common law relationship, you have no right to anything that is in his name, period.

The idea that he paid into the RRSPs "first" and then paid the bills is meaningless. Almost everyone pays their RRSP by automatic deduction every month. A judge would look at this the same way as if you were complaining that he started work every week on Monday morning. So what?

In a common law relationship, his income is income, yours is yours. There are no "family finances". You MAY have cause to claim a short term of spousal support, possibly around 3 years, if his income was more than double yours.
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Old 11-26-2010, 10:02 AM
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It sounds like the numbers are too low to get into a scrap about.
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