Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Closed Thread
 
Thread Tools
  #1  
Old 08-22-2006, 12:13 AM
mick4041 mick4041 is offline
Junior Member
 
Join Date: Aug 2006
Posts: 2
mick4041 is on a distinguished road
Default Common law leave

I have been with a girl off and on for 5 years though we were common law for three seperate years due to problems. Through the five years we still lived together but slept apart (MANITOBA). I bought my first house 1.5 years before I met her and a second house in 2005 (for my rental business). Broke up in 2006. She has not had an income all this time and was very lazy. Due to the constant fighting about her becoming verbally abusive and not getting a job, I decided that we needed to part ways. I put 100% of my efforts and 100% of my money into both of the places alone. Now that I left her, She wants 50% of both houses and support. I feel sick to my stomach thinking that she could get anything since she hasn't done anything physically or monitarily to get anything. What can I do?
  #2  
Old 08-22-2006, 06:50 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

mick4041,

If your in Ontario the law is clear in common law relationships for property and spousal support.

Your sole property remains your own. For spousal support purposes, you have to cohabitate continuously for three years or have a child and live together.

If you have cohabitated in a relationship of some permanence continuously for three years this would open the door for a spousal support claim. The next criteria would be that you have means and that she has need. Is there any reason why the person has not sought employment? One only has to look ie: many help wanted signs and advertisements for same.

There is always the possibility of an unjust enrichment claim against you.

lv
  #3  
Old 08-23-2006, 02:38 AM
mick4041 mick4041 is offline
Junior Member
 
Join Date: Aug 2006
Posts: 2
mick4041 is on a distinguished road
Default thanks

We made an official separation for 1 year in 2004 though her family would not take her and she had no place to go. Me being the good guy,I let her stay. We slept apart and over a year later we began seeing each other again when she became serious about looking for work. We both claimed seperate for taxes to make it official. I know her family is behind this as well where they will say anything to make it unofficial. She never did get a job which I finally had enough and decided to make the call. I don't know if I can claim unjust enrichment against her in Manitoba. I feel that I have already paid my dues in past support for her. She basically took me for plenty in the past and now she wants a stupendous amount more. Please tell me if I can claim unjust enrichment in Manitoba and if a Judge will have some morals. By the way, thank you for the timely response.
  #4  
Old 08-23-2006, 06:11 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

mick4041,

I suspect you would not be entitled to bring forth a claim for unjust enrichment but your ex perhaps may be entitled to bring forth a claim against you. The onus is on the party that brings forth the claim to prove that one party was enriched due to the relationship.

In regards to spousal support, 3 years continuous cohabitation together to be eligible to bring forth a claim in Ontario. Remember if you presented yourself to the community at large, ie ate meals together etc even during your time of live in separation, that time might count regardless of what was claimed on each respective income tax forms.

lv
  #5  
Old 05-25-2009, 05:55 PM
lilmama1951 lilmama1951 is offline
Junior Member
 
Join Date: May 2009
Posts: 1
lilmama1951 is on a distinguished road
Default common law issues

Please help me as well. This is my first day on the forum.My friend in Ontario needs help.She has been living common law now for about 15 years. Recently her husband now wants out of the relationship.He then left the house and moved in with their best friends.(husband and wife). Both couples had been friends for 10 to 15 years. After two weeks the common law husband came back home and apparently brought his new girlfriend to live with them. Guess what it is their best friend. She had just told her husband that she wants a divorce. My friend is devasted that her best friend and common law husband could do this. They did not have any children. Well she was having a very difficult time with this arrangement so she went to visit her son for the past two weeks. She just got home today and her husband says she has two weeks to get out. Can he do this. Their house was jointly owned. If she does does this mean she will forfeit any monies. They will be selling the house That is all I know for now. What advice can I give her
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Can any one help?? Common law night mare? ASAP ? Paralegal_Speshell69 General Chat 2 03-27-2011 10:27 AM
How to make sure that you're not common law justsayno Common Law Issues 9 11-11-2009 12:14 PM
Common Law miths dispelled FL_Needs_To_Change Common Law Issues 7 09-06-2009 09:36 AM
Stay at Home Mother wanting to leave current common law relationship Gillian07 Common Law Issues 1 06-25-2008 04:50 AM
My common law hubby will not leave my home hewontgo General Chat 9 06-08-2006 09:06 AM


All times are GMT -4. The time now is 06:16 PM.