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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 01-07-2010, 06:20 PM
shessassy shessassy is offline
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Default How damaging can this be?

Well I heard my ex is telling his lawyer he didn't give me an engagement ring on the 2006 christmas, It was only a friendship ring. I have an e-mail I sent out on the 28 of dec. 2006 to a friend stating We got engaged...I am hoping this will help..Will it????.Also about 6 years ago I signed a rental agreement for revenue canada so they wouldn't tale my ct away (I know this was wrong but he was the one that suggested it so I could raise my kids without his money since he himself at that time was going through a divorce) How bad is this going to hurt me????....A little or a lot....
I was going for half the equity of the house since we have been together for 8 years...his name is on the title but not mine and we moved in at the same time...Since he has found a girlfriend(this is why we are parting ways) all i have been to him in the past 8 years is a roommate...I kinda feel violated and dirty...we went on trips out east to see his family and slept together in the same bed for 8 years..How can that be we are only friends???

thanks for any input

Jo
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Old 01-07-2010, 06:45 PM
standing on the sidelines standing on the sidelines is offline
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to me the email will not help you out. Anyone can put something into an email. It comes down to what he believed the ring was or what you believe. If you made some wedding plans and put deposits down on things or had the church booked, that would help.

The lying to revenue canada could bite you in the ass big time. They can come after you for the money they gave you and probably all sorts of penalties. Not sure if they would be able to have you criminally charged for fraud.

Did you put any money down on the house?? Did you make mortgage payments??
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Old 01-07-2010, 06:51 PM
Mess Mess is offline
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You were common law, you have half the value of the house, period.

You just be clear in your statements, you were given an engagement ring, you lived together 8 years. That is all you really have to say on the matter.

I am just going to presume you had sexual relations during those 8 years in the same bed? He can hardly claim you were room-mates.

If you were room-mates then you would have paid rent and he would have given you rent receipts and he would have put the rent he received as income on his tax return. If he didn't declare it as income he has no leg to stand on.

We can expect he will try to give this story, but unless he can show you paid rent, there is no possibity you were room-mates. Judges aren't stupid. They have heard it all.
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Old 01-08-2010, 07:36 AM
standing on the sidelines standing on the sidelines is offline
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I thought when it came to property, like a house, common law and married were different?? If they were married she would be entitled to half of the house. With common law whoever is on the title and mortgage owns the house completely and the other has no rights to half the value?? Am I wrong??
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Old 01-08-2010, 09:18 AM
shessassy shessassy is offline
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I have made morgage payments...I also payed all the bills and maintained the house..Like cleaning, mowing the lawn ,planting flowers,shoveling snow...all the while he did none of these...he worked out of town and would come in every other weekend and do nothing....I did not put down the downpayment of the house but I was there from the day he bought it (we were living together in my rental till he bought the one we are in now)I also put in renovations into the house ....But from my understandind even lying to Revenue has absolutly nothing with dividing up property but he is still trying to say I am a renter...I went as far as taking pictures of everyroom in the house just so they can tell he shared the master bedroom with me...I also think that a friendship ring wouldn't cost anyone over 1800.00...They would cost around 100.00 or 200.00 and not be BIG diamonds...As far as revenue He can also be in big trouble because he did not claim it on his taxes as well????

thanks for all the comments..It is very much appriciated
thanks again
Jo
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Old 01-08-2010, 10:47 AM
Mess Mess is offline
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Quote:
Originally Posted by standing on the sidelines View Post
I thought when it came to property, like a house, common law and married were different?? If they were married she would be entitled to half of the house. With common law whoever is on the title and mortgage owns the house completely and the other has no rights to half the value?? Am I wrong??
With common law in Ontario, each persons assets and debt in their own name remains theirs. If they had a joint account or credit card or bought something like a car together, then it is considered joint even if they paid 60/40.

The maritial home is exception in common law, it is joint. There are possible arguements in really short relationships, but you need to be together 3 years anyway. If the couple are raising the child together it can be shorter than 3 years, but in this case the judge would probably listen to reasoned arguments for a joint split.
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Old 01-08-2010, 02:25 PM
sava123 sava123 is offline
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be prepare to show all bills you've paid: mtg, utilities - it will help... for common law it's not 1/2 outomatically - you need to proof... you have to use constructive/resulting trust, unjist enrichment and etc - 8 years it's not a short term - depend of you payments -you can receive up to 50% of increase of the house
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Old 01-08-2010, 03:52 PM
dinkyface dinkyface is offline
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The following quote is copied from here:
Differences between marriage and common law separations in Canada

"3. Special treatment of the matrimonial home. If you are married, your matrimonial home is treated differently when dividing property in Ontario. Normally, when your marriage ends, the value of any property you owned when you married is yours -- it is not divided. This is not the case with the matrimonial home. If you own a home on your wedding day, your home is automatically divided between you and your spouse. This is not the case in a common law separation."
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