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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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  #1  
Old 07-13-2012, 09:30 PM
wondergirl wondergirl is offline
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Default Legal rights for a 20 yr. commonlaw relationship?

Brief background:

Met in 1993, moved in together 1 month after initial meeting.

Over the next 19 going on 20 yrs, there has been an ongoing deterioration of the relationship due to addictions on the part of my spouse....

Now I am in the early stages of legal procedings between his and my lawyer to determine separation of a "joint tenant" home of a large value, and spousal support I am seeking.

My two questions are:
1/ If I am joint tenant on the deed of our home, even though he has always paid for the house..am I entitled to a 50/50 split. (*note: It was always in my partners best interest that I do not work due to his wanting to travel and then have me care for this new home/farm, and he would pay for all of our expenses. Also of note: Home was purchased 10 yrs into our relationship, and originally was in his name for a very short period of time, but he put it completely in my name for awhile to hide the fact from an ex-wife, then he asked for it to go into joint tenant which I agreed to after about a period of approx two yrs. give or take)

2/ Spousal support based on a long term common law relationship.

These are the two issues that his lawyer is fighting and it would appear that he is going to come back saying because HE paid for everything, that I am entitled to only a small lump sum which in this case would work out to approx less than 20 percent of what I felt I would be entitled to by law.

I welcome any help in this matter, and if you require further details, please don't hesitate to ask. Thank you

Ohh, and no there are no children involved. Ages of myself and my partner are 54 and 62 respectively.
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Old 07-13-2012, 09:50 PM
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arabian arabian is offline
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I could be incorrect but I believe there is a difference in marital property rights when you are common law vs. married. Check that out.

I see you participated in a scheme at one time with him to hide marital assets from a former wife.

Karma is a bitch isn't it?
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Old 07-13-2012, 09:59 PM
wondergirl wondergirl is offline
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arabian, I did not participate in "his" scheme as his financial manipulation due to his alchoholic behaviour from the get go was always the case. No one can predict the bizarre behaviour of an alcholic sometimes untill it's to late. His decision to put the house in my name was not my choice but his.
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Old 07-13-2012, 10:06 PM
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So he forced you to put the house in your name and you had absolutely no say in the matter whatsoever. His alcoholism forced you to do this. Ok I'll give you the benefit of a doubt for a minute or so.

Now the relationship is over. The alcoholic control freak is nearing retirement age. You have no property or assets whatsoever in your own name after 20 yrs? So you were basically a "kept woman." You didn't raise any children together. How did you contribute to the relationship?
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Old 07-13-2012, 10:13 PM
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For the past 10 yrs. We have "jointly owned" this working farm. He had decided at the time that this farm was purchased that he would work casual labour with a well known company "driving of all things" keeping in mind that his drinking is daily..so, this means he consistently drinks and drives. Regardless, the agreement between us was that when he worked outside the home I would be responsible for the upkeep of the farm/livestock/family home which I still do to this date as my lawyer advises for me to stay here until it would be unbearable or until settlement is made, whichever comes first. Being this is still early in the legalities I don't see this happening too soon. I have always contributed to the upkeep of our home, and he has always been the breadwinner. Before I had met him I had always been employed. From the age of 15 actually.
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Old 07-13-2012, 10:17 PM
raven70 raven70 is offline
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Default unequal division of assets

each province has different laws. In B.C where i reside, the law courts treat common-law differently than marrird couples and issue un-even division in property. in my case i proved thay i payed for 80% of all costs and was given 77% of equity.

the part about alcohol abuse is irrelevent in court when property divides.

regarding SS what are each of your earnings,? and are you not capable of supporting yourself? you may well be entitled according to our laws.

raven
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Old 07-13-2012, 10:21 PM
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Good for you. Sounds like you will have little trouble landing on your feet and supporting yourself in the future.

A support group for family members of alcoholics might help you. Living with an alcoholic for 20 yrs wouldn't be any fun but you have to recognize your own behavior in the mix of things. Hope you get the help you need so some day you can have a healthy relationship with someone. Count your lucky stars that he didn't kill anyone.

I recently referred a 48 yr old girl to my lawyer who was in a similar situation. She ended up getting a modest cash settlement with no spousal support. I spoke with her after everything was settled and she was pleased with the settlement.
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Old 07-13-2012, 10:24 PM
wondergirl wondergirl is offline
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raven: I am actually in Ontario, and based on what "DivorceMate's" support payment structure is based on both our incomes (of which as I have stated mine is zero) he would be required to pay somewhere between a low and high dollar value.

Regarding the house though which was the larger issue in this case, does "joint tenant" on title have an precedent regardless of who paid for the house? It is my understanding that joint tenant is indeed that...joint tenant regardless of who paid. Am I capable of supporting myself? yes of course after I move and set myself up after all of this, but realizing due to my current age/time out of the work force/type 1 diabetes health issues/ this will take some time and having a place to move to thankfully back to my family will help in regards to not having to pay rent for awhile..but, I cannot predict the future in regards to employement.
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Old 07-13-2012, 10:28 PM
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arabian: Alanon is indeed where i've been in the past, and to some extent it helps those in need in times of crisis..but, you have to realize that the concept of a higher power doesn't apply to everyone's beliefs..and in their case the word "God" is used way too much for my liking. but...that really doesn't have anything to do with all of this...Detachment works
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Old 07-13-2012, 10:36 PM
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Re this:

Quote:
“What about property in both of our names?”
Quote:

If an asset is in both of your names, then you’re each entitled to half of its value.
You’ll need to decide between the two of you how to deal with it: either one of you will need to buy the other out, or the asset will need to be sold, with the proceeds of sale divided equally.
If there’s no agreement as to how the asset is to be divided, a court will normally order the asset sold.


that's basically why I am asking...

quoted from here: http://www.common-law-separation-can...y-division.htm
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