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  • Financial Settlement??

    I met my girlfriend in 2003 when we were at University in Montreal. As our relationship progressed she spent more and more time in my apartment. I returned to a summer job in my home country each summer. In 2006 she spent a half year in Europe taking the last semester of her degree. After graduation in June 2006, we moved into a 1 room rented apartment in Toronto where we amalgamated some of our belongings, putting the rest in storage. I got a job that takes me out of the city during the week, so I am only home on weekends. She got a job in her field in Toronto, which she still has.

    In June 2007 we moved into a one-bedroom apartment (that I bought in my name). She contributed "rent" of $450 per month. I pay all utilities and phone/internet, and she pays TV cable.

    In June 2007 while we were still living in the studio apartment, her mother came to visit from South America. I told my GF that the situation was intolerable, and that I wanted my space to myself. I was ignored, and her mother lived with us for 6 months. For the last two of the six months, her father came and also lived in the one-bedroom apartment. I do not speak Spanish, and her parents did not speak English. It was a very uncomfortable situation for me to come home to after a week away in a job with a lot of responsibility.

    When her parents left 7 months ago, I told her that I wanted her to move. She has refused to go or even discuss it, and even stopped paying 'rent' in April. I contacted a lawyer to ask about my rights. He told me I could send her a letter of eviction, which I did, giving her to the end of June to move. He also told me that if we had been living together for thee years, she could sue me for support.

    Today I received a letter from her lawyer saying she wants a financial settlement because she lost employment opportunities in Montreal by moving to Toronto. I did not force her to move to Toronto, I had told her it was her decision.

    We are both in our mid twenties. There are no children or pets involved. Can I really be forced to pay her? Because I am not in Toronto all week – I work three provinces away, in a demanding job, meeting with a lawyer on a weekend might be difficult.

    Thanks.

  • #2
    Its not clear to me on what grounds they want a financial settlement. It could perhaps be under some sort of spousal support if the 3 years of continuous cohabitation occurred or unjust enrichment.

    The latter may be difficult for them to prove which they have the onus considering the short duration of the relationship. As far as spousals support is concerned, it is difficult to comment without knowing all the facts and her role in the relationship. If three years of continuous cohabitation never occurred, her potential claim has no merit.



    lv

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    • #3
      Thanks for your response.

      The grounds seem to be that she lost good job opportunities in Montreal by moving to Toronto with me when I got a job there. She in fact has a good job in her field, in Toronto.

      I wonder what consitutes continuous cohabitation? I returned to Europe during school holidays to work, and again when I finished my courses before actual graduation. She went to France to study. The three-year mark is somewhat ambiguous, as she just ended up by staying at my place. Also, I was not considered a resident of Quebec, and as such had to pay non-resident fees at University. I received a stipendium from my home country while I was studying because I was still considered a resident of that country. When we moved to Toronto in September 2006, we moved to the same address together. At that point I also became a Canadian resident.

      In terms of her role in the relationship, she took no interest in our home. Didn't shop for food, cook, decorate (other than to buy a rug for the living room). When I returned to Toronto for the weekend there was no food in the fridge. She seemed depressed, and we talked about that. Two months after her mother came to stay in the apartment I told her I didn't want her or her mother living there. She ignored me. Since February I have been sleeping in the living room.

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      • #4
        Who decides the law?

        I was able to meet with a lawyer today. She told me that as far as she could see it, there was no case. The "common law" was indicisive and the claim to a financial settlement "a boo" from the other lawyer.

        My ex GF has found an apartment and has told me she will move on the 4th. One month ago I sent her a written eviction notice effective today. I told her that she could stay until the 4th if she dropped the claim to a financial settlement. She still wants to pursue a financial settlement. The lawyer told me I could change the locks on the door to my apartment, and gave me a letter to present to the police should they be called by my ex GF. I have to leave town very early Wednesday, and will not be back until late Friday.

        She called the police. I gave them the letter from the lawyer. They ignored it, and said that our relationship was common law and demanded I give my ex GF a key to the door. Dispite the fact that she did not stay in the apartment last night the Police said that she could not be "turned out onto the street". (She has had more than a month to plan for a move today--in truth, she has had more than 9 months--I first asked her and her mother to move last August.)

        So, she can stay in my apartment, and move without me being there to make sure she does not take any of my belongings, and the police support her dispite the letter from my lawyer.

        Is the law corrupt, or what?

        commuter

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