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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-22-2011, 09:04 AM
pallas1983 pallas1983 is offline
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Default x new comenlaw boyfriend in my house

my x and i seperated 6 weeks ago.right after we split up she had a new boyfriend and 2 weeks later he moved into my house. i moved out the day we broke up. i would like to sell the house but i dont know if i can, since we are on the title 50/50.also, when they become comenlaw, is he intiteld of half of her half or how does it work?
  #2  
Old 09-22-2011, 09:10 AM
Ontario_Dad_41162 Ontario_Dad_41162 is offline
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Quote:
Originally Posted by pallas1983 View Post
my x and i seperated 6 weeks ago.right after we split up she had a new boyfriend and 2 weeks later he moved into my house. i moved out the day we broke up. i would like to sell the house but i dont know if i can, since we are on the title 50/50.also, when they become comenlaw, is he intiteld of half of her half or how does it work?
The disposition of the house should be something that's addressed with the equalization process unless the two of you can come to an agreement on how it should be resolved. Some couples give a window where they attempt to sell and the one party has an option to buy out the other parties share.

If they've only been living together for a couple of weeks, I hardly think it would be considered common-law. I'm not sure what the cut off is but I'd say at the earliers a year. That having been said, I don't know why you care if he's entitled to her half or not, I can't see how that impacts you whatsoever. What she does with her half is her business, but I don't think she could put his name on the title.
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Old 09-22-2011, 09:11 AM
HappyMomma HappyMomma is offline
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Quote:
Originally Posted by pallas1983 View Post
my x and i seperated 6 weeks ago.right after we split up she had a new boyfriend and 2 weeks later he moved into my house. i moved out the day we broke up. i would like to sell the house but i dont know if i can, since we are on the title 50/50.also, when they become comenlaw, is he intiteld of half of her half or how does it work?
Are you married or common law?

You can't sell the house without her permission at this point, however, if she wants to keep it she will have to pay you your half of the value of the home or she will be forced to sell.

Her new bf has no entitlement to anything.
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Old 09-22-2011, 09:15 AM
mom2three mom2three is offline
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Quote:
Originally Posted by pallas1983 View Post
my x and i seperated 6 weeks ago.right after we split up she had a new boyfriend and 2 weeks later he moved into my house. i moved out the day we broke up. i would like to sell the house but i dont know if i can, since we are on the title 50/50.also, when they become comenlaw, is he intiteld of half of her half or how does it work?
The "new" common law boyfriend has absolutely no claim in the property; the property will continue to remain in both yours and your ex's names until you chose to do one of three things:

1) claim exclusive possession, buying her out of her share
2) she claims exclusive possession and she buys you out
3) if neither of you can buy each other out, the property gets sold and you each divide your value in the home, less the existing mortgage
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Old 09-22-2011, 09:19 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by pallas1983 View Post
my x and i seperated 6 weeks ago.right after we split up she had a new boyfriend and 2 weeks later he moved into my house. i moved out the day we broke up. i would like to sell the house but i dont know if i can, since we are on the title 50/50.also, when they become comenlaw, is he intiteld of half of her half or how does it work?
1. You can move right back in. That home is your asset as well and you are entitled to live there. Why did you abandon the matrimonial home?

2. Don't focus on the "boyfriend". They are adults and they can do whatever they want. Despite what many people think extramarital affairs are legal and the courts don't even consider them. What they are doing is between two consenting adults.

3. Immediately request that the matrimonial home be put up for sale. Put a deadline on the response. Should she not respond by date X then you will motion for occupational rent to be paid by the new occupant and petition for the sale of the matrimonial home.

4. How is the mortgage being handled? Are you paying it all? Notify her of her responsibilities as an equal owner of the matrimonial home to the expenses etc. Be polite about it all.

Good Luck!
Tayken
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Old 09-22-2011, 09:36 AM
pallas1983 pallas1983 is offline
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also...i got kicked out 2 nights ago out of the house when my x and i talked about finances,she ofcourse was upset and her boyfriend told me to leave or else...since i am a calm man i just left without saying anything...do they have the right to kick me of the proberty? also...can i kick him out?
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Old 09-22-2011, 09:36 AM
HammerDad HammerDad is offline
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Need more info:

1. were you married or were you living in a common law relationship?

2. Do you have any children with your now ex.

3. Who is on title of the house?

4. Are you still paying, or planning paying, for your portion of the mortgage?

The bf is irrelevant. As noted by another poster, the only one who cares about it is you. We are in a no fault country, meaning any affair or new relationship means nothing in court. Anyway, he would have no entitlement to the house until they marry. Common law does not automatically give entitlement to any asset of either common law spouse. One becomes common law by residing with her for 3 years or if they have a child while living together. But even he does become entitled to a portion, it would a portion of her portion. In other words, you get 1/2, they each would be entitled to 1/4 (should they marry).
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Old 09-22-2011, 09:43 AM
pallas1983 pallas1983 is offline
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we were living comen law, have 2 kids, and we are 50/50 on the title, she just started paying mortgage and i stated paying childsupport.the first month i paid everything...i mean everything!!!! the mortgage comes out muy account and the all the bills etc is in her name now as of last week.
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Old 09-22-2011, 09:44 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by pallas1983 View Post
also...i got kicked out 2 nights ago out of the house when my x and i talked about finances,she ofcourse was upset and her boyfriend told me to leave or else...since i am a calm man i just left without saying anything...do they have the right to kick me of the proberty? also...can i kick him out?
If you are on title, and there is no restraining order, or order for exclusive possession preventing you from residing in the house, you are entitled to be there. Neither, especially the b/f, have any right to ask you to leave.

IMO, unless there is an order otherwise, move back in at a time when she is at work or otherwise out of the house. Move all of your belongings into separate room and PUT A LOCK ON THE DOOR. Then BUY A DIGITAL VOICE RECORDER AND HAVE IT ON AT ALL TIMES WHEN YOU ARE IN THE HOUSE OR AROUND HER AND HER B/F. I cannot stress that enough. B/F has already threatened you once, he will probably be dumb enough to do it again. If he does, you call the police and get restraining order against him. Do not, at any time, talk in an aggressive tone, make an aggressive action or lay a finger on either of them. Should they become aggressive, retreat to your room stating you do not feel comfortable with their hostile tone/manners.

It may also be helpful to you to have guests over often. That way you will have witnesses. Be sure to tell them to stay out of any interaction with the ex and her bf. You don't want your guest to give cause for your ex to get a restraining order against you.

Too many guys are dumb and fall on their sword by moving out when they don't have too. Especially if there are kids involved. By moving out, you are relinquishing any control you have over your assets in the house, your capacity as a parent and putting yourself generally at the mercy of your ex.

Move back in. If the bf wants to play the tough guy/hero, let him. Do not retaliate. He will find himself on the short end of a restraining order or assault charges soon enough.
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Old 09-22-2011, 09:48 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by pallas1983 View Post
we were living comen law, have 2 kids, and we are 50/50 on the title, she just started paying mortgage and i stated paying childsupport.the first month i paid everything...i mean everything!!!! the mortgage comes out muy account and the all the bills etc is in her name now as of last week.
Get your a$$ back in the house NOW.

By moving out you have effectively told the world your fine with your ex being the primary parent in your kids lives. [edit - and relegating yourself to receiving the EOWDS....the Every Other Weekend Daddy Screwjob... end edit]. The house is a DISTANT second. Your kids are your priority. You should want nothing less than 50/50 joint custody of them. This has nothing to do with c/s, but all about continuing to be a parent in their lives.

Get back in, buy the digital voice recorder and focus on the kids. Do not discuss ANYTHING with your ex that does not revolve around the kids. Should she want to discuss equalization, tell to please email you as you don't want to discuss these matters around the children.

Stay child focused. Do not drag them into this mess. Be the best dad you can be and do not discuss the separation with them. Be sure they know you both love them, but there will be some change and this change will be a good thing for them in the end.
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