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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 02-04-2008, 08:46 PM
alexis alexis is offline
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Default Another story..

So, here's my story.
Living with a guy on and off for about 13 years.
Facts:
I'm divorced
No kids (adult, mine)
Dog (no, an actual dog, not referring to the guy....yet..lol)
All bills, mortgage and any and all paper trail in my name and paid 100% by me, as well as the debts (PLC)
No joint anything.

His story:
Walks the dog and "babysits" when I have to go out of town.
Does laundry for about the last year 75% of the time.
No job, rarely works. In 13 years maybe 24 months total.
Keeps my couch warm, 100% of the time.
All ID has another address (not my house).

Before y'all say I'm just plain stupid (I know), I need some advice. I was divorced many years ago with no problems except I got custody of the debts and he got custody of the "stuff". Don't want to go there again!

He refuses to work, makes no real effort to find a job. I want him OUT!!
HE WON'T LEAVE!!! Says he wants the dog and $25K. Don't have it and no way is he getting my dog (bought him when we were apart).

Would "the law" say he has been compensated justly already in the relationship (no bills, no expenses) or would they say I have to "maintain" a lifestyle he has become accustomed to.
I want to avoid drama, police and nosey neighbours (he has a really short fuse, lots of swearing and yelling).....beam me up Scotty!!!
Help!
  #2  
Old 02-05-2008, 07:27 AM
FL_Needs_To_Change's Avatar
FL_Needs_To_Change FL_Needs_To_Change is offline
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[QUOTE=alexis]
He refuses to work, makes no real effort to find a job. I want him OUT!!
HE WON'T LEAVE!!! Says he wants the dog and $25K. Don't have it and no way is he getting my dog (bought him when we were apart).
QUOTE]

In another post by LV stated how CL works with regards to CL unions and when they disolve. "See PART III of the Family Law Act, R.S.O. 1990 c. F.3, particularly Section 29.

http://www.e-laws.gov.on.ca/html/sta...f03_e.htm#BK33 "
PART III
SUPPORT OBLIGATIONS

Definitions

29. In this Part,

“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne * charge”)

“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,

(a) continuously for a period of not less than three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).


He is not entitled to SS nor would he get any "stuff" if you have the receipts of purchase in your name. As for the dog, I know how costly that can be. If you have a pure bred and it is registered it obviously is yours, just use the registration as proof. If it is a mutt, I'm sure you can prove that you aquired it in his absence.

Good Luck
FL
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