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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 01-28-2009, 02:21 PM
copper copper is offline
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You seem to be unable to see the advice that people are giving you!
A court case could swallow up any finances that you currently have in trust, this could end up with both of you being out of pocket.

IMO the best thing to do is split the finances 50/50, take the extra $10,000 spousal and walk away with something while you can.

Believe me, nobody wins when it comes to a trial - except the lawyers - who are laughing all the way to the bank.
  #12  
Old 01-28-2009, 02:30 PM
Ihave2kidsIcannotsee Ihave2kidsIcannotsee is offline
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Please if you take any advice take Cooper's he/she is exactly right the lawyers want to drag it out because then they can take all the money for themselves its really not worth it you'll end up with nothing in the long run.
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Old 01-28-2009, 02:51 PM
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littleman littleman is offline
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elizabeth1962 I am a woman, I dont receive spousal support and I dont believe anyone in this lifetime is ENTITLED to anything EXCEPT for children.........you are a grown woman and are sounding like a child........you are entitled to support........you are obligated to be self sufficient........I was married to a man for 9 years and one child involved and there is no way I would ever dream of asking for spousal support no matter how much he made.........that money was not YOURS........thats your mothers money and she did a one time life gift to you instead of getting those funds after her passing.......you got 30k that was tax free think of it that way.......you seem to be all over the map with your statements........you want this that and the other thing but you dont think you have any $$ responsibility in any of this.......
simply........you both bought the house........you put up the down payment......he ut up the mortgage payments and taxes.........compare your 30K to probably his 84k in payments (guessing average of 1000$/month for past 7 years for mortgage)...........think you are being way too selfish and on a personal note I would take you to court and ask for half the mortgage payments and half the land taxes back........this is how childish this looks to us...........you lived in the residence for 7 years and enjoyed it without foreclosure or threat of reposession........I agree with Ihave2kidsIcannotsee, I would be understating the facts that you were unjustly enriched by this living arrangement if anyone was

Sorry for being so blunt but you are owed nothing from this man..........why dont you just walk away before he sees exactly what is going on and you find yourself on the wrong end of this.........you dont want messy but if you continue to push he will eventually see it all as we do and you will lose hugely in this mess..........be careful
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Old 01-28-2009, 03:22 PM
elizabeth1962 elizabeth1962 is offline
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I am only interested in the family law courts opinion of the case. I understand that everyone doesnt agree with me morally. But legally, what is the precedent.
Am i legally entitled to my money back.
Can he claim unjust enrichment for 1/2 the mortgage and 1/2 the property taxes.
If i cant win, i will not pursue it. Does anyone know if i can legitimately get my downpayment back. The gift letter proves it was my money that was put down as a deposit.
Will the court see it that way.
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Old 01-28-2009, 03:41 PM
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A nine year relationship is considered a medium length marriage, whether you were married or not. You worked, you contributed to half the bills. If it were not for your 30K investment, there would have been no purchase. Did you have a joint bank account? Were your monies pooled?
You were not living rent free. You contributed to the expenses. You're right, he would of had to pay rent and expenses else where. At the least you would be responsible for half of the mortgage payments.
They want you to stop fighting. That is their ploy. I would have fired my lawyer by now for not producing results.
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Old 01-28-2009, 03:43 PM
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[quote=dovan;19841] It is like inheritance, if you liquidate that amount into a joint account, purchase items with it that would be in the home where you both lived then it is no longer considered as yours but jointly owned.

You obviously did not read this part of my first post to you....regardless of where the gift came from you liquidated it into a JOINT purchase with your ex. Thus making communal property. The laws for married spouse and the laws for common law spouses are different perhaps since you make it quite clear that you feel you are ENTITLED and your posting have clearly shown that you are unable to accept any assistance given to you by the many posts here that you go about doing your own research on the internet and maybe then you will realize that those who have responded to your question have either been there done and know that you are banging your head against the wall that or have experience themselves in this field.

Sorry for being so blunt but I must agree with past posting you are acting childish and petty and vindicitive I may add.
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Old 01-28-2009, 03:52 PM
copper copper is offline
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Why come on here and ask for advice and then refuse to accept it because it is not what you want to hear?

Well here goes........ Take it as far as you can through the courts, don't give an inch, you are entitled to everything...... make him suffer...he deserves it!! Get yourself the most expensive lawyer you can find because they are the best!

GOOD LUCK!
  #18  
Old 01-28-2009, 06:28 PM
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to be fair sure you put up the 30 grand, but you would not have the house either because he was one working full time. As for the comparing him owing a car and the money you put on the house, totally different. Once you used the money to purchase a joint home, it became joint money unless you have an agreement with him before.

You basically expect him to give you 40,000. Maybe you should offer to pay him back for the taxes, mortgage payments, the money he paid for home maintence and whatever else he shelled out on your behalf over the years. Isn't all the years he supported you count for anything in your eyes?? You seem to think that he should keep giving you money, but you do not owe him anything. I am sorry but in my eyes you are looking like a greedy gold digger.
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Old 01-28-2009, 06:33 PM
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You can't get the 30,000 back.Though it was a gift to you but was used in the purchase of matrimonial home.So anything put towards the matrimonial home will be divided into half.
Don't waste your money over your lawyer.As they keep themselves covered.The lawyer will never say WE WILL GET BACK THE DEPOSIT.HE will always say WE MIGHT BE ABLE TO GET IT BACK.
  #20  
Old 01-28-2009, 06:53 PM
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dadtotheend dadtotheend is offline
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The courts will not allow you to get the $30K back without some consideration of the excess amounts he paid into the ongoing maintenance of the home. You might get lucky, but I wouldn't bet on it.

The courts want parties to settle on their own without having to decide for them. If you insist on taking this to court, you will almost certainly be viewed as unreasonable. Very early on, way before it gets even close to trial, you will p**s away (in legal fees) the money over which you disagree.

If you are crazy enough to take it all the way to trial, which will costs tens and tens of thousands for EACH party, get ready for your ex to be awarded costs, meaning you will have the pleasure of paying for both of you. This is because if parties are so unable to settle their differences that a trial is required, and one is unreasonable, the judge will penalize that party for its stubborness.

Listen to what are you being told above. Settle and move on. Or spend the next 2-3 years in emotional and financial turmoil while you live in the past.

BTW, I'm not sure that most women are entitled to spousal support. You have really lit a fire here with that statement. Get back on your feet and build yourself a respectable living.

Last edited by dadtotheend; 01-28-2009 at 06:56 PM.
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