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No Common Law - Unjust Enrichment

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  • No Common Law - Unjust Enrichment

    Greetings,
    I have been living at a house for 2.5 years, made a big mistake by not limiting her % on the deed/mortgage of the house when it was purchased. I paid the downpayment of $70000 from my account and have paid all the mortgage bills since day one. She has no job, and I let her quit to go to school a year ago, but she never bothered to sign up, and has been living free since then. Previous to that she only worked a few months when we moved in and was laid off or terminated... who knows. I have to pay someone to cut the grass and shovel snow and no improvements have been done on the house without me doing them or paying for them. I have reciepts to back up these statements. I also had to leave the country to find work that could sustain her voracious spending habit only to find out that she has been keeping a boyfriend behind my back. I am going to file an unjust enrichment claim when she goes for my house (she has no money at all right now and I won't be back to canada until at least march). Do I have a case? Any other help would be greatly appreciated.

    Thank you

  • #2
    I think it's most economical to Settle prior with your almost common law spouse. Considering what you mentioned, Unjust enrichment is a poor investment of ones resources. The outcome will exceed the 70,000.00 initial investment in the home.

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    • #3
      oh yeah, I almost forgot, Welcome aboard.

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      • #4
        I tried that route, she's not settling for a fair amount. How long would one of these cases take to:

        A) Get to cout to begin with
        B) Take to settle

        And how long would the money be locked up for in this process? Personally I want to settle, but she wants too much frankly and she is going to have bill collectors calling shortly for her car/phone/credit cards real soon as I have revoked her access to my money. I'm hoping this influences her decision.

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        • #5
          Seems to me your looking for a Tarrot reading on a blind process. lol, First step is to do the math. Their share is about 35 as they are listed on instrument, regardless of origination.

          How were they unjustly enriched and how much will it cost for you to show?

          Since, you have been in some deliberations; What exactly do they want, considering they have some knowledge of the situation?

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          • #6
            She wants over 20, I have reciepts for all mortgage payments, the initial down payment, all the maintenance and improvements all monies came from my bank account. She has done NOTHING in years and paid the same for it. I had to hire someone to hang curtains.

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            • #7
              Really, no way. Who did you pay to wash your dishes, cook your meals and of course, do your laundry?

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              • #8
                The problem is also, that last year I made a LOT of money that she wants to get her hands. She wasted most of it on junk and dipped into my tax reserves as well, so now I have to cover the tax and will be losing the house beause of that possibly.

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                • #9
                  Originally posted by logicalvelocity View Post
                  Really, no way. Who did you pay to wash your dishes, cook your meals and of course, do your laundry?
                  I had to do that on my own. I am rather domesticated. Someone has to clean toilets.

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                  • #10
                    Surely, you did something initially as a couple in good faith. Seems like you listed them on title in common voluntarily.

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                    • #11
                      Have the house appraised. Offer her half of the increase in the value of the house.

                      http://www.ottawadivorce.com/forum/f...nts-half-7302/

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                      • #12
                        Originally posted by KanataKathy View Post
                        Have the house appraised. Offer her half of the increase in the value of the house.

                        http://www.ottawadivorce.com/forum/f...nts-half-7302/

                        This is what we agreed upon when we signed, she "needed" to be on the deed as she had been removed from her two previous home situations (Before we met). She had complained that they had locked her out and her belongings in so she needed peace of mind that I couldn't theoretically steal anything like the others had allegedly. I was working for a company that went bankrupt and landed a contract for three months to keep us alive for six while I searched for work, as her income was UI. This contract was a very high profile project that started a week after the bankruptcy and it paid... well. It lasted a year longer than the original date and she wants a cut of that. The cut is not so good when all the expenses are figured out anyway.

                        I offered her 3 months of her living expenses and some extra for anything else. I also agreed that anything that was hers she can keep as well as to negotiate a fair division of anything we purchased together.

                        She is going to lie to the courts that she lived at my parents house when ours was being built, because she wants the common la spousal support so she doesn't need to work for two years. All along she was staying at an appartment in another city. What can happens if that occurs?

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                        • #13
                          Originally posted by NoDeadbeats View Post
                          She has no job, and I let her quit to go to school a year ago, but she never bothered to sign up, and has been living free since then.
                          You 'let' her? How noble of you!

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                          • #14
                            Mr. NoDeadbeats,

                            What citizenship are you? Just curious.

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                            • #15
                              Originally posted by blinkandimgone View Post
                              You 'let' her? How noble of you!
                              Exactly what I was thinking.

                              You're a sucker for putting her on title. And you're too stupid to go to the bank and get copies of old bank statements proving the mortgage payments?

                              No magic bullet here unresourceful guy.

                              Comment

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