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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 06-09-2008, 01:34 PM
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Default Division of the Equity of the House

Can anyone help with this? Common law for 10 years, both names on mortgage. She hasn't contributed to mortgage in 2 years. She has no income for that time but lives off CCTB payments. Does the amount owing to her still be equal or can I deduct her half of living expenses for that period of time. We both live in same house, but she will not leave.
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Old 06-10-2008, 12:45 PM
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As a married couple payments would not matter, but as a CL couple she would have to prove unjust enrichment.
Yours is a long CL relationship and I think that if she can show that she contributed to some form of upkeep or maintenance she may win a claim against the home.
However, you too would also have to prove you no longer live as CL, but rather as "room mates" and she is not helping with expenses.

If she did things around the house like gardening, cutting grass, cleaning and cooking inside the home, she could easily sway a judge to award in an unjust enrichment claim.

Are there any children of the union?
This would be a huge factor for CS, or if she came into the relationship with children of a previous relationship and you acted in ever sense of the word as a parent, she could win a claim for CS even if there is another order for the Bio father.

Just some things to consider and research.
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Old 06-10-2008, 06:33 PM
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I could very well be mistaken, but if both names on title, I believe the division of it would be split. My own experience in a common law relationship, btw she did not work for 14 years, so no contribution on her part to mortgage. In my experience both names on title = split the assett (house). I never even thought to question it.
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Old 06-11-2008, 07:01 AM
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I would think that if both peoples names were on the deed then the property would be equally owned unless the instrument clarified that one person owned less than 50% such as 80-20, 75-25 and so forth.


Because this was a long term common law relationship and perhaps there is a big disparity in incomes, the potential exists for future spousal support claim.

lv
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Old 06-11-2008, 10:55 AM
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If she is in receipt of the CCBT credit then there are children involved on some level. So in addition to the mentioned lengthy relating to possible SS, there is also the CS claim for loco parantis if you are not the bio.

You have been provided with several views here to consider.
This link is a case similar to your situation except it was the female partner that had the house with the male partner sparsely providing payments if any over a 10 year CL relationship.

It's worth the read



http://www.canlii.org/en/on/onsc/doc...anlii2117.html
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Old 08-06-2008, 01:13 PM
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Default Equity Division

My common law boyfriend and I bought a house together 6 years ago. He wants to split up now. My question is this. I put 35K into the house as a downpayment and he put in 10K. We didnt sign any legal documents about the downpayments. I actually received the 35K from my father as a gift. Anyway, he has paid the mortgage for the whole time we have been there. We are selling the house and are going to split the equity, but am i entitled to my 35K back. He says no because we didnt sign anything and he says he paid the mortgage for the last 6 years and i didnt. Is there any legal way to get my downpayment back?
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Old 08-06-2008, 04:01 PM
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Quote:
Originally Posted by kelly001
My common law boyfriend and I bought a house together 6 years ago. He wants to split up now. My question is this. I put 35K into the house as a downpayment and he put in 10K. We didnt sign any legal documents about the downpayments. I actually received the 35K from my father as a gift. Anyway, he has paid the mortgage for the whole time we have been there. We are selling the house and are going to split the equity, but am i entitled to my 35K back. He says no because we didnt sign anything and he says he paid the mortgage for the last 6 years and i didnt. Is there any legal way to get my downpayment back?

Shouldn't you also discount his 10k down payment as well then split what is left 50/50?
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Old 08-06-2008, 06:38 PM
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Since it is a matrimonial house so it will be divided into two equal shares.In my case all the down payment was put by my parents then also he got his half share.
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Old 08-07-2008, 10:34 AM
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So basically we have to split the equity in half even though i put down more of a deposit than he did. Is that correct?
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Old 08-08-2008, 10:21 AM
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Some times if one can clearly show with documents that they put a larger portion down they might win a higher percent of the asset. But this usually does not happen unless there is a written agreement that clearly outlines each parties percent of the monetary gain upon sale.
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