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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-26-2012, 06:13 PM
shouldhaveknownbetter shouldhaveknownbetter is offline
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Default Property Claim, What Application do I need to File if any?

Common law for 4 years - ex-partner was unemployed since May after taking a year off to complete her Master's Degree and has just accepted a two month contract (may become permanent) at $28 an hour or about 56k annualized. I have been unemployed since last November.

We are in mediation and have finally agreed to Joint Custody and 50/50 shared residential. We are down to a couple of issues here and I expect that they will be resolved.

I had to terminate my last lawyer as she did not forward to me a critical document. As a result, I incurred additional legal costs of around $2,000. After advising her that that I would be assessing the bill, she discounted it by $2,000 and will provide my file within 3 business days. I am currently looking for legal representation but am self representing now. I have a case conference coming up on Nov. 21

One of the issues I have is that my ex and I have is that she has not made a formal claim for property.

I am currently self representing and I received the following from her lawyer:

"At this point, Ms. XXX has not made a formal claim for property, but based on the previous correspondence between counsel, I trust it is clear that she intends to do so. I am hoping that the financial issues can be resolved by way of negotiation or mediation/arbitration once the parenting issues are dealt with, however, I would appreciate written confirmation that you will consent to the extension of any limitation periods if it becomes necessary. If you will not consent to an extension, I would ask that you serve your Application within seven (7) days so that Ms. XXX can make a formal Answer. I strongly suggest that you obtain legal advice on this issue if you have not already done so."

My question is: "what application do I have to file, if any"

It is my understanding that her lawyer failed to file a property claim within the statutory period and that is why she wants me to consent. Is there any reason why I should consent?

Other pertinent facts:

1) I owned my home debt free before I met her.
2) I remortaged it and purchased an investment property which I currently rent. Both properties are solely in my name. I paid for all renovations on both properties.
3) I paid all of the bills and mortgages during our relationship.
4) My daughter is currently 4 years old and has been in daycare for the past 3 years.
5) I have about 400,000 in RRSP and other assets.
6) I paid a significant amount of her education towards her Master's degree
7) She has clearly benefited from our relationship.
8) The only thing she paid for was food for herself if she did not go shopping with me and some clothes for my daughter.
9) She either worked or went to school except for the first 2 months after we had our daughter.

Thoughts?
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Old 10-27-2012, 03:37 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Common law for 4 years
Couples that cohabitate without getting married to not have property rights. Based on the short duration of the relationship, what property claim is she hoping to advance?

Quote:
I would ask that you serve your Application within seven (7) days so that Ms. XXX can make a formal Answer.
It is referring to an application at court - that is Form 8 in Family Law.

Quote:
I strongly suggest that you obtain legal advice on this issue if you have not already done so.
Considering the value of your assets, that is a very prudent suggestion.
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Old 10-27-2012, 04:20 PM
shouldhaveknownbetter shouldhaveknownbetter is offline
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Default More Information

Thanks for your reply. If I knew what the basis of her claim was I would be able to respond to it and since she has not yet made a formal claim I have no idea of what she is thinking about!

My previous lawyer thought that any claim was vexatious in nature and told me not to be concerned about it. My ex did not pay any of the utilities, repairs or renovations related to my properties. She did however purchase groceries and clothes for herself and also for my daughter from time to time and I also did the same

My ex did was only off for a few months to provide childcare to our child and from that time was either working, in school full time, or unemployed in the past 4 months. Our daughter was in infant daycare for almost 18 months and then was in a Montessori School until last Nov. I have looked after my daughter for most of the time since them.

I asked my ex what she wanted and she said that because she looked after my daughter sometimes in the evening, she was entitled to my property. The interesting thing to note is that she filed an appeal in tax court stating that she was not common law (totally incorrect) and in her pleadings (in bold font) has written the following:

3. Since I was pregnant in 2008, I live in a separated
room and have absolutely no sexual relationship with XXX. I have a boyfriend recently.

4. In addition to child related issues, we do not communicate to each other. We do not have meals together. I and my daughter eat together.

5. We do not attend other party#s family/friend get- together or other activities. Friends and families are fully aware of our separation. In case of illness, I arrange appointment myself. No gifts to each other under any circumstance such as birthdays or holidays.

6. We never have had any joint financial arrangement. I manage my own finance and live by myself. I have no clue about my ex-partner#s financial status including income, assets and debts.

7. I am the primary care giver of my daughter both financially and physically. I provide all necessaries to my dearest daughter XXX including food, cloth, recreation, various classes (ballet dance, ice skating, swimming etc.). Therefore, to my best knowledge, I do not consider I lived under common-law status since 2008. "


I find it interesting that she is contradicting herself in her pleadings in another court and this is one of reasons why my previous lawyer thought it was a vexatious claim.

With these facts in mind, would she have any chance of success?

I am out of cash and have used up my credit lines, and I understand if I start to cash in my RRSPs then that will count as income for purposes of child support. I really do not want to do this at this time as it will bump up my income for child support purposes and I need the funds for retirement as I am 52 and was hoping to retirement by age 60 or 65 at the latest.
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Old 10-27-2012, 04:37 PM
standing on the sidelines standing on the sidelines is offline
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how did it turn out with the tax appeal?? did they believe her?
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Old 10-27-2012, 04:40 PM
shouldhaveknownbetter shouldhaveknownbetter is offline
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The appeal has not yet been heard and the crown's response to her so far is that she is "common law". Once the case is heard, I expect that the crown will win. If she wins, I would be shocked.
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Old 10-27-2012, 05:04 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by shouldhaveknownbetter View Post
The appeal has not yet been heard and the crown's response to her so far is that she is "common law". Once the case is heard, I expect that the crown will win. If she wins, I would be shocked.
but it does prove that she lies
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