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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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  #51  
Old 07-24-2012, 03:40 PM
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Quote:
Originally Posted by arabian View Post
Toutou - I would appreciate it if you wouldn't attempt to psychoanalyze me. I do ultimately blame my ex and myself for the failure of our 30 yr marriage and no one else. Nothing mysterious about that. My situation is not "almost funny" as I'm sure your situation isn't funny either. It is a very sad situation.

FYI - most people on this forum ARE bitter in one way or another for good reason. My ex is living with a former employee's wife (married woman), not a new wife. If you want to take the time and read through all of my posts you might have a clue as to what I have been through. Bitter - you better believe it. I was left with all of the debt of our company to pay off.
Perhaps, but do you really feel it helps - either yourself or anyone else - to walk around in a bitter angry little bubble waiting to explode on anyone who happens by?

There's lots and lots of different counselling and support groups available to get through/over that so you can start living with a clearer, healthier mind.
  #52  
Old 07-24-2012, 03:48 PM
Toutou Toutou is offline
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You legally own 50% of the house, so the fact that he made a payment on the mortgage will not change that. This is valid if both your names are on the legal title. He might try to argue unjust enrichment, but it is usually argued in situations where house is in one common law partner's name only and the other contributed by renovating or something similar. He will have to prove it and it will be really hard and expensive. I would suggest calling some other lawyers just to get another opinion on the issue. There is often 30 minutes free consultation, so if I were you I would call a couple and ask about this just to be sure.



As for spousal support, in Ontario you have the same rights as any married couple after three years of living together.
  #53  
Old 07-24-2012, 04:23 PM
HammerDad HammerDad is offline
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TouTou - I don't think proving unjust enrichment would be hard in this case at all. All the ex has to do is produce bank statements showing he paid the entire mortgage and the down payment etc. for the duration of the relationship. The ex will also likely provide affidavits supporting that fact. So while she is on title, her ex could and likely would argue that she has not financial investment in the house as he has made 100% of the financial contribution to the house.

The OP would have to argue that she did in fact make payments to the mortgage, which she has admitted here she has not. So she would effectively have to purger herself to make such claim, and would likely be quickly corrected by opposing counsel. That would effect her credibility going forward.

I think the best bet is a constructive trust claim. Yeah, he paid for everything but she made contributions in other ways to the upkeep of the house etc.

Being on title does give her some rights to the house in that he can't evict her or otherwise sell the house from underneith her. But she is likely in for a fight when it comes to equity.
  #54  
Old 07-24-2012, 04:35 PM
wondergirl wondergirl is offline
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HammerDad:

You are likely correct in your thoughts in this matter as it's becoming clear that my lawyer believes in this also.

It's amazing the reality of what joint tenant actually is, and what it is not in my case.

I would think from all of the reading and research I have done about joint tenant deeds/titles/mortgages that the split was supposed to be 50/50 regardless of who had payed.

As far as contributions in an alcoholic relationship, let it be known that I contributed far above what would have been required had it not been such.

But, as we all know..the emotional side of this is moot. sad but true.
  #55  
Old 07-24-2012, 06:16 PM
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Another wise tatement from our unbiased "moderator" blinkandimgone. So good to know she tries to keep things from getting personal between the posters and discourage this sort of thing. Such maturitiy on her part. Cudos.
  #56  
Old 07-24-2012, 06:36 PM
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It's interesting that my last comment mysteriously didn't get posted. I haven't used offensive language. Hmmmm. I do recall making a remark about the outstanding ability of our "moderator" blinkandimgone to ensure no one is insulting another....
  #57  
Old 07-24-2012, 06:40 PM
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lol. It got posted. Read what it says.
  #58  
Old 08-16-2012, 12:37 AM
AshleyManor AshleyManor is offline
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....I have Issues with Common-Law Marriage as well

I find the 'SENIOR MEMBERS' here are more rude than helpful.

And, I don't know why that is!

But...I know this... If you were a 'KEPT WOMAN' Then He, has created that life for you. The Judge...will look at it as such...and He May have to continue that drama!!

I'm not a Senior nor a Junior here (LOL)
But, been in Court for 5 years/Common-Law (for reasons/motions!) Lawyers..LOVE MOTIONS!! I think there are over 3,000 of them!! (LOL)

Anyhow!
I'm in Ontario...So..Same Boat!


Email Anytime!
jdhpackaging@rogers.com

Hopefully, these Seniors....have not scared you away!!

I, ALSO, Thought this Forum was for Questions and Help!!

Email ANYTIME!
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