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  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.

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  #1  
Old 10-28-2009, 02:12 PM
shessassy shessassy is offline
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Default need some advice

I have been in a common law relation now for 8 years. When he bought the house we were together but he wanted to try and get the house on his own and did...I have put money into the house and we have been engaged for 5 years and were to be married this July..he has now thrown me out...what rights do I have??Can I get anything out of the property so I have something??Please help..I am going crazy and he is pushing me to leave.Even said he can call the cops and have me removed..Is this true??I live in Edmonton
Thanks
Jo-Anne
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Old 10-28-2009, 05:27 PM
shessassy shessassy is offline
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Anybody PLEASE??!!
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Old 10-28-2009, 09:16 PM
justafool justafool is offline
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No he can't make you move. It sounds like you have a valid claim of unjust enrichment. It is a complicated matter based on equity law but depending on your contributions and the time you lived together as common law, you are probably entitled to a share of the interest in the property. That presents the possibility to a judge that a portion of the property could partly belong to you until a claim is settled. The only way he could make you leave is by applying to the courts for a motion to do that in which case, you would have a right to defend your position. Your claim would be based on your contributions to the property. ie mortage, utility payments, upgrades, work and money spent on upgrades as well as house hold chores in some cases. If you can prove that you where engaged and you had the mutual intention to share the property it could indicate a resulting trust. If you base it on your contributions to the house and can't prove mutual intention a judge could award you with a constructive trust based on the evidence.
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Old 10-29-2009, 09:49 AM
shessassy shessassy is offline
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Thank you so very much That helps lots....
All the best
Jo-Anne
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