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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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  #11  
Old 01-20-2011, 12:26 AM
charlieb charlieb is offline
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logicalvelocity: well I guess I was nieve to think that he would follow thru with the agreement..I bought the email to the lawyer when having him draft up the legal agreement..so he knew exactly how to word it and what to put in there.. he told me it was somewhat an agreement in its email form and that if we both signed that it could be definitely considered a binding agreement.. but we both ( or so I thought) wanted it legally drawn up to protect both our interests. Once his lawyer received a copy of that email and all my receipts showing I contributed more then what he said I did ( he told her I contributed nothing) she decided not to represent him anymore...has anyone ever heard of this?
  #12  
Old 01-20-2011, 12:55 AM
logicalvelocity logicalvelocity is offline
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There's hope I guess. Do you still have the same rep that participated in the email, and will they be representing you in your cause.
  #13  
Old 01-20-2011, 05:49 AM
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Quote:
Originally Posted by charlieb View Post
I am sure it is worth it and my lawyer definitely believes so ( I know I know he is a lawyer.. he would!..lol)... what about the email agreement between us coming to an amicable decision on how things will be sorted and him saying " we have an agreement, you go get paperwork done up by a lawyer and I will pay half of that cost as well" ?
I deleted the "single mother, what is fair fluff, it doesn't matter" from the above. You need to focus in on the relevant stuff. Being a single mother is a pity card.

As you said, of course the lawyer thinks it worth it. He is going to take you for $5K before you know it, and $10K about half way to settlement and then you will be scratching your head wondering how it got to this over $15K as you state below.

The email agreement means jack nothing, neither does what he said.

The reality is that you were in a short common law (well didn't even meet the three year test) relationship. Your entitlement is nothing. The gardening means diddly. You can try and fight it on principle as you said earlier, but the legal fee reality will soon trump your principles.

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Originally Posted by charlieb View Post
That is a tricky one dadtotheend.. I definitely do not think I should get more then I am entitled to..I am a pretty fair person. It was me who got the line of credit as agreed upon and I wholeheartingly let that money be used towards the renos on the house..thus raising its value as he did not have the funds to do so. I would be more then happy with what we first agreed upon amicably between us before he decided to not give me anything back...which was half of the profit made on the house..if that means he makes $30K then I get my $15K.. at moment he is not wanting to give me anything...which is unreasonable for him to expect that. The whole email agreement was started by him and finalized by him..I just did what he asked by going to a lawyer to have it drawn up legal-like and then for him to say forget it I am not giving you anything....of course I should have known what type of person he was after he cruelly dumped two ex-wives.. but everyone thinks "not me"right ..lesson learned.
Your mistake was not drawing it up legal-like before you spent the money.

Did you include legal fees and land transfer taxes in your profit calculation? What about real estate commission on the ultimate sale of the property?

It seems to me that you should ask for around $5k just to cut bait and move on. That is the (net of legal fees) best case amount you might get if you litigated and even then that is very iffy. And it will take months or longer to get, all the while enduring the stress of the proceedings.

I don't like your chances.
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Old 01-20-2011, 09:16 AM
charlieb charlieb is offline
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Logicalvelocity: yes I have the same representative who had drawn up the agreement for us like we wanted.

Dadtotheend: Are you a lawyer or involved in the court system in anyway? I have to say I don't agree with all your points as I am a strong believer in there is always hope ..however I do understand where you are coming from on some points but it seems you are maybe be a little bitter? I will definitely keep you posted on the outcome nd maybe you willprove me wrong..or maybe I will be the successful one and can prove you wrong
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Old 01-20-2011, 09:22 AM
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As well would anyone have any thoughts on why his lawyer would decide she did not want to represent him anymore?? and as of yet he still has not been able to find a representative ( IF he is even looking we are giving him two weeks to see if another lawyer takes him on and contacts my lawyer)
  #16  
Old 01-20-2011, 09:26 AM
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Maybe they failed to post the retainer. It's not really important why they bailed.
  #17  
Old 01-20-2011, 10:21 AM
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You may be entitled to repayment of the costs associated with the upgrades. As you are not on title of the house, you didn't actually contribute to the mortgage (paid other activities as you even stated above) and you weren't common law. IMO your claim to the actual house is weak at best.

He will claim that he allowed you to stay rent free and only cover your share of the utilities. Any monies you gave to him for trips and activities he will argue were gifts and it will be on you to prove that it was an agreed that these payments were in lieu mortgage payments.

Legal fees will chew into any compensation you may receive. Have you made any offers to your ex? If so, what did they include? I don't think you would win any portion of the house or any money spent on trips etc. I'm willing to bet that you will be entitled to get back the money on reno's you paid for. But outside that you have a number of strikes against you:

1. not common law, just bf/gf cohabitating
2. didn't pay monies towards the mortgage
3. not on title for the house

You entitlement to the house isn't much better then a tenant.
  #18  
Old 01-20-2011, 11:41 AM
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Quote:
Originally Posted by charlieb View Post
Dadtotheend: Are you a lawyer or involved in the court system in anyway? I have to say I don't agree with all your points as I am a strong believer in there is always hope ..however I do understand where you are coming from on some points but it seems you are maybe be a little bitter? I will definitely keep you posted on the outcome nd maybe you willprove me wrong..or maybe I will be the successful one and can prove you wrong
I am not a lawyer, just a guy who went through the ringer myself, researched the Hell out of all the legal aspects (well not as strong on SS) of separation and divorce and have been an active member here for three and a half years.

I'm not bitter. I'm blunt. I tell it like it is and make no apologies for doing so.

You don't have to agree with me, that's fine. But hanging your hat on hope doesn't win any legal arguments.

I hope you do well, but I think you are being motivated by your moral compass and not giving enough weight to the legal realities. That makes you a prime candidate for the lawyer to tell you what you want to hear and before you know it, you're thousands deep in legal fees and virtually no further ahead.

I hope you prove me wrong, fill your pockets. But I don't like your chances.

Quote:
Originally Posted by HammerDad View Post
You may be entitled to repayment of the costs associated with the upgrades. As you are not on title of the house, you didn't actually contribute to the mortgage (paid other activities as you even stated above) and you weren't common law. IMO your claim to the actual house is weak at best.

He will claim that he allowed you to stay rent free and only cover your share of the utilities. Any monies you gave to him for trips and activities he will argue were gifts and it will be on you to prove that it was an agreed that these payments were in lieu mortgage payments.

Legal fees will chew into any compensation you may receive. Have you made any offers to your ex? If so, what did they include? I don't think you would win any portion of the house or any money spent on trips etc. I'm willing to bet that you will be entitled to get back the money on reno's you paid for. But outside that you have a number of strikes against you:

1. not common law, just bf/gf cohabitating
2. didn't pay monies towards the mortgage
3. not on title for the house

You entitlement to the house isn't much better then a tenant.
What Hammer said ^^.
  #19  
Old 01-20-2011, 12:22 PM
KanataKathy KanataKathy is offline
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As other posters have commented, there certainly is a lot of 'fluff' in the OP's first post - The fact that you're a single parent won't sway anyone here, and won't sway a judge, either. Because it's purely a financial matter, you have to present your case like an accountant. Soap opera histrionics will actually impede any progress.

Try looking at it from this perspective. What was the cost delta between renting your own place and cohabitating with your ex-BF? If it works out to be the same, personally, I'd let it go.

If you don't have any of your own 'skin' in the purchase, and the value of the house has increased by $40k (by your own reckoning), you would do well to bear in mind that it will cost at least $7k in lawyers fees before you get to the 'case management' stage.
  #20  
Old 01-20-2011, 12:33 PM
mrsb mrsb is offline
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Have you thought about perhaps taking this to small claims court? I don't think you need a lawyer and the fee to file is small. Depending on what amount you are seeking to gain of course.
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