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Should he get anything??

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  • Should he get anything??

    Hi there

    I just want to see what my rights are ....

    After 4 years with my boyfriend i decided to buy a house. The title and mortgage is in my name I paid for the downpayment, closing cost etc. Mar 15/06 we moved in together into the house and shared all bills 50/50. He had bad credit and we bought appliances, a bed and sofa set all in my name of which he gave me 50% cash for the appliances (i didn't give him a reciept) and his half of the bed and sofa was put on my visa which is still unpaid. Prior to moving into the home i also lent him money which was always put on my visa which incl the bed and sofa that now totals just over $5000!

    Needless to say, we broke up feb 23/08 and he moved out on mar 1/08. He took lots of things that we had bought together like a spare bed and furnishings and the recliner from the sofa set. I didn't care due to the reason why we broke up i just wanted him out.

    Now I guess he has had time to think about it and is asking for money ($5000)for painting the house, putting up closet organizers etc and saying that he put so much money into the house which I think is absurd, once we moved in together we shared all expenses even groceries

    Technically, from what i have read we never made it to common law legally so is he entitled to anything?? Or are his threats just idle??

    Also, can I take him to small claims for my visa bill?? There are no kids involved. Just want to make sure what mine is mine thanks!

  • #2
    shaz007,

    I don't think the individual has any merit to their claim. However I could be wrong. You could attempt Small claims in regards to the visa bill, but that may just open a can of worms and they may just bring forth a cross claim for something.

    lv

    Comment


    • #3
      Hi there, Am I reading that you have been living together for 6 years? and after 4 years, bought a house and it's in your name because he had bad credit?

      "If you are in a common law relationship, you are not entitled to an equalization payment, but may be entitled to a payment from your spouse to pay you back for a direct or indirect contribution to property that he or she owns. These claims are referred to as trust claims....."

      Maybe Im reaching, but im thinking that the "Painting $5000.00" may be his trust claim... I may be way off base. Im kinda new here

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      • #4
        I think she is saying they were a couple, but did not live together until she bought the house.

        shaz - you got to keep the appliances, and the larger portion of the furniture.
        The $5,000 on the VISA probably isn't worth the hassle of fighting for. It's not likely he'll pursue what he's after either. Just trying to see if you'll give it up freely.

        I was in a very similar situation. Just tell him not to call you again, and move on. Good luck to you.

        Comment


        • #5
          Originally posted by paris
          I think she is saying they were a couple, but did not live together until she bought the house.
          I made the same presumption and concluded less than three years continuous cohabitation tossing any potential spousal support claim entitlement claim out the window.

          lv

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          • #6
            Thanks sooo much guys for the info and positivity.. i so just want to move on i wish he would too....

            Just to clarify we didn't live together until i bought the house...

            AND i don't mind forgetting about the visa bill if he would just stop harrasing me .... since he asked for the $5000 i haven't responded and he hasn't called, text or emailed either... so i'm gonna hold off on the small claims court for now and suck it up!

            Thanks again, this forum has been so helpful!

            Comment


            • #7
              He could "try" to claim that he contributed to upkeep of the house but they have to be able to prove this. $5K for painting and stuff is a bit steep. And how about the money he owes you? Does this negate it all all? If anything, because you want to move on, be prepared that if he does come back that you'll say then OK then I want a separation agreement and he has to get his own lawyer. Hopefully he'll realize its just a hassle and he's just being emotional about the breakup. Doesnt' sound like you'll need one if everything is in your name. Your assets are yours, pensions etc.

              Comment

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