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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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Old 06-25-2009, 10:56 AM
sea_angel sea_angel is offline
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Hello Everyone

I am new to this forum so if these questions have already been asked please forgive me.
I have been in a common law relationship for 9 years. I had a part time job but he supported me for the most part. I have not worked at all for the past three years. I did however buy all the furniture and appliances and did some upgrading to the house using my inheritance money from my parents as well as pay for most f his clothing and help with bills whenever I could. He left the home and then announced that it was over. Our house is in both our names and I put a good size down payment on the house when we purchased it. Am I entitled to get that back? Is there a limit as to how long I can live here before listing the home? If so do I also get 50% of the profits excluding my down payment? Do I have any rights to his pension?
Any feed back would be greatly appreciated.

Old 06-26-2009, 08:00 PM
Max22258 Max22258 is offline
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I cannot tell anymore as i was with soemone for 8 years and i have always paid the mortgage, insurance car payment and everything. yes she work, and now I do not have rights to my house even though it is in my name only, she wants 2800 per months and i do not know if there is such thing as family law. The only thing i know is that if you are a women family law is good for you, but it is different when it comes to men so check with an attorney i recommend
Old 07-04-2009, 10:27 AM
startingover68 startingover68 is offline
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I can only speak to my situation and the knowledge I have gained in the past 2 years of my Common Law separation. No matter what the situation, the laws are similar...there is no matrimonial home as there was no legal marriage (it becomes the common residence) and there are no rights to pension (in Ontario) for the same reason.

I do suggest that you locate/keep all the receipts for the purchases and payments that you made and keep an itemized list as, without a cohabitation agreement, each person takes what they brought to the relationship. I believe that because you are both owners of the property, you are entitled to at least 50% of the profits of the sale based on the value of the mortgage on the date of separation. Find out how much was owing on the property on that date. Additionally, since that date if you have been residing there and maintaining all of the payments, you may be able to receive those from the proceeds of the sale...but consult with a lawyer. He is entitled to half the house if his and your name are on the title, but you need to prove unjust enrichment and this is not easy, you need all receipt or bank transactions related. It may be possible to put a motion to the court for exclusive possession of the house.

It is also possible to receive an order for spousal support based on the discrepancies in income, especially if there are children involved.

Unfortunately the ending of a relationship is never as exciting or easy as the start, usually because there is an erosion of trust causing one's integrity to be lacking. Get everything you can in writing and keep any communication that you may have had (e-mails & texts on your phone) that lends support to your understanding/views/beliefs of the situation (even if he did not respond).

Hope this helps....Good Luck!
Old 07-04-2009, 10:59 AM
startingover68 startingover68 is offline
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One more thing...
Finally, and my best advise...make sure you check your credit rating!! Close out any supplementary credit cards that you may have jointly or have your name removed!!! You may also wish to have the ones you utilize re-issued so that there is no opportunity for him to access or affect your credit.
Old 07-04-2009, 11:16 AM
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nikitaforce nikitaforce is offline
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I could be wrong but common law or understanding is that unless you have a pre-agreement...everything is split 50/50 and you are entitled and so is he to half of whatever you jointly shared or contributed to.

I would suggest seeking legal advice before you get screwed out of your entitlement.
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downpayment, pension

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