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  • #31
    Hammerdad: you may be right..but at moment he is not willing to part with any money.

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    • #32
      Imagine you were living alone and renting for that time period. You made some improvements to the rental, with or without a direct agreement from landlord that he would reimburse you. In any case you had no written contract.

      Now you are moving out and wish to be reimbursed. The landlord isn't willing to part with any money. What do you do?

      Depending on the amount, and if you have receipts, then you take it to small claims court. If you don't have receipts then you are out of luck. This isn't really a family law matter, although it would dealt with if you had other family law issues. You weren't married, it's not a matrimonial home.

      It would cost you more for a lawyer than you would get in compensation. Do it yourself in small claims or else write it off. If it makes you feel better, consider the money you spent to be rent. On the whole the healthiest decision is to walk away, forget it and get on with your life instead of dragging the issues and conflict out. Conflict is never healthy, it is sometimes necessary if there are large sums involved. These aren't large sums.

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      • #33
        Looking into tenant laws and concerning your proposed situation above..There are cases of yes the renter proving and winning their case on that subject.
        My situation does fall under family law and I have all of my receipts of payments to each company as they were paid with bank drafts.
        Anyhoo thanks for all the realistic options which may happen..but I am a fighter..and will post how it all goes down as soon as he can find a lawyer who will take him on now.. if not its off to court without him

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        • #34
          I would love for you to quote the section of the Ontario Family Law Act that you think applies here. You weren't together long enough to be common law and you have no common property. If I were your ex I would seek the case dismissed for that reason if you tried to bring it to family court. However I'm sure you will find a divorce lawyer willing to take on your case. You are far better off going to small claims court.

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          • #35
            I fear you are making a big mistake and are being guided by your emotions. You are going to lose.

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            • #36
              Originally posted by charlieb View Post
              My situation does fall under family law and I have all of my receipts of payments to each company as they were paid with bank drafts.
              I can't seek how this could possibly be a family law matter:

              1. married = no
              2. common law = no
              3. relating to a child and child support = no

              Unless you fall into one of the 3 above catagories your case isn't going to family court.

              Yes, you have receipts for improvements and I bet the cases you read would entitle you to that money back. But I would love to read where a tenant became entitled to part of the equity/increased value of a property they didn't own, solely due to leasehold improvements.

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              • #37
                Get over it... relationships end all the time!

                Originally posted by HammerDad View Post
                1. married = no
                2. common law = no
                3. relating to a child and child support = no
                I agree with HD... this is not a Family Law matter, and it is barely worth a Small Claims motion.

                The house has hardly increased in value... and said "value" was appraised by a Realtor.. which holds no water in court.

                The "improvements" seem minor, at best. There were no major renovations completed.

                I disagree that the Poster would be entitled to all of the money back...

                Did you not enjoy some of the household improvements before separation?
                Have same improvements not depreciated in value since they were made?
                Did you not live in said house, and contribute nothing towards the mortgage?

                Lets be realistic here... a bit of gardening, cooking dinner... laundry, housework or even weilding a paint brush, does not entitle a "girlfriend" to a legal claim against a mans house..

                If you had been living in your own apartment, you would have been doing some or all of those things anyways, except you would have had to PAY to live there... instead of squatting there for FREE.

                The costs of pursuing this in court, would far outweigh any chance of winning any reimbursement.

                Your best bet, would be to file a claim in small claims court, with or without the assistance of a licensed Paralegal.. and ask for a portion of a payment towards the LOC.

                Anything else, would be a waste of time and money.
                Last edited by representingself; 01-24-2011, 12:06 PM. Reason: sp...

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                • #38
                  This is only about her bad feelings on having broken up with him and contributing thousands of dollars to the house. She is clutching at straws.

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                  • #39
                    Ohh I would be pissed too..

                    If I had met a man, and began a relationship, planned for the future, shared a home together, yadda yadda yadda... all to have it fall apart.

                    But such is life, and does not constitute a legal claim against personal property.

                    She needs to let this be an "ah ha" moment, and learn form her mistakes... not dwell on them and make them substantially worse.

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                    • #40
                      Yep, which is why she should just ask him to pay her a few thousand dollars "walking away money" and move on.

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                      • #41
                        I think the main part of her difficulty is that he did agree to divide things as though they had been common-law, they worked out an agreement, and then after she paid for it to be drawn up properly by a lawyer on his promise to pay half back to her, he said "ha ha" and reneged on everything. No matter what arrangement it was for, family contract or not, that's pretty rude and most people would want to have something done about it.

                        The question of whether the cost of doing something about it is worth the potential end result is the issue she's letting her emotions cloud her judgment about. Personally, I'd just take a few extra mutual things from the house in compensation, since she can't take the paint, shed and flooring she paid for, and get going.

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                        • #42
                          If he gave his word and stiffed her, then he's a goof. Now she knows a minimum value he places on his character.

                          Should have done a cohab beforehand. I could have saved $40K with a marriage contract. Not once have I ever cried about my own mistake here.

                          Live and learn.

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                          • #43
                            Just a quick update: His first lawyer decided not to represent him as she was very upset that he had lied to her about everything..my lawyer and I gave himuntil Feb 5th to get another lawyer. Once he went to her and sh toldhim he would most definitely have to compensate me he quickly disagreed with her and stormed out..I am now doing up court paperwork.

                            Comment


                            • #44
                              Originally posted by mrsb View Post
                              Have you thought about perhaps taking this to small claims court? I don't think you need a lawyer and the fee to file is small. Depending on what amount you are seeking to gain of course.
                              Originally posted by charlieb View Post
                              Just a quick update: His first lawyer decided not to represent him as she was very upset that he had lied to her about everything..my lawyer and I gave himuntil Feb 5th to get another lawyer. Once he went to her and sh toldhim he would most definitely have to compensate me he quickly disagreed with her and stormed out..I am now doing up court paperwork.
                              i do wish you luck on this. even if he paid back what was used on the line of credit for repairs renos to the house would be nice.

                              Comment


                              • #45
                                Quick update.. we are going thru Small claims court. His second lawyer just decided she would not represent him now after he had to give her all the paperwork he was served with and she now got to see what he has lied to her about ( after getting copies of my Visa statements recently for the time-frame I was in Afghanistan I see he spent another 1K on that as well). This has disproved his comments that we "were never in any sort of relationship" to her.. the 20 day time-frame for him to file a defense is almost up and still no word back from him.. he is probably scrambelling to find a new lawyer.. will let you all know how this pans out

                                Comment

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