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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

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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  #11  
Old 10-06-2016, 07:19 PM
Links17 Links17 is offline
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I could be wrong but I'm read too much case law, too many people passing by here and too many real life situations.
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  #12  
Old 10-06-2016, 07:24 PM
stripes stripes is offline
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Quote:
Originally Posted by Links17 View Post
I could be wrong but I'm read too much case law, too many people passing by here and too many real life situations.
... involving "bang[ing] drug addicts and alcoholics"? Maybe I've led a sheltered life, but I must say that describes very few divorced people I know.
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  #13  
Old 10-06-2016, 08:30 PM
Links17 Links17 is offline
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Live a little.... I'm embellishing the point is "Nice Guys finish last"
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  #14  
Old 10-07-2016, 09:07 AM
hopefull hopefull is offline
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I say no to drugs and a person that drinks except during social functions, is never on my radar

Quote:
Originally Posted by stripes View Post
... involving "bang[ing] drug addicts and alcoholics"? Maybe I've led a sheltered life, but I must say that describes very few divorced people I know.
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  #15  
Old 10-07-2016, 05:22 PM
Dals74 Dals74 is offline
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If i she agrees to buy me out of the house, and i have been paying for 8 yrs and she has paid for 3 yrs, can i ask her to pay half of what i have paid in the 8 yrs? I'm just trying to figure out how the buy out is calculated and i don't want to walk away with only getting a small amount since i have put a lot in.
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  #16  
Old 10-07-2016, 09:26 PM
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Quote:
Originally Posted by Dals74 View Post
If i she agrees to buy me out of the house, and i have been paying for 8 yrs and she has paid for 3 yrs, can i ask her to pay half of what i have paid in the 8 yrs? I'm just trying to figure out how the buy out is calculated and i don't want to walk away with only getting a small amount since i have put a lot in.
Unfortunately, since she's on title and you are on title, the house is shared 50-50, no matter who put in what. Unless you have documentation you both signed when you put her on title saying she has a different % share than an equal one?

It may actually be worse than you think. Did her name also get put on the mortgage, or do you remain solely responsible for that?
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  #17  
Old 10-11-2016, 10:52 AM
Dals74 Dals74 is offline
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Her name is on the mortgage too.
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Old 10-11-2016, 11:19 AM
FightingForFamily FightingForFamily is offline
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Because you are common law and not married, there is a chance that she would not be entitled to 50% of the value of the house.

By default she is entitled to half because you put her on the title. But you can argue one of the common law defenses (constructive trust, unjust enrichment, etc) in which case you can claim she should only be entitled to what she put into the home... which may be minimal if she wasn't working.

To argue this requires going to court.
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  #19  
Old 10-11-2016, 12:19 PM
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Quote:
Originally Posted by OrleansLawyer View Post
Does she have a right of possession of the home? No.

Does she also have a right to stay in the home? Yes.

Can the police become involved and tell one party to leave (or be arrested on charges of DV)? Yes. In which case, that party will be gone and will stay gone.
Wise advice / comment. To avoid the situation of "staying gone" I would recommend you not only retain a family lawyer but, a criminal lawyer as well who has 24x7 access. There are many criminal lawyers that you can get on retainer that will answer a phone call at any time of the day. You want one like that. One you can get on speaker phone to advise you in real time should the police show up and one who can show up at the station should you get arrested.

As well, when you do have a family lawyer retained send a letter to the other party in the matter that identifies this lawyer and that tactics such as false allegations will not be tolerated. As well, advise them of your criminal lawyer who is on file. Generally, this signals to the other lawyer to not play games. As well, when you go in court to say they are playing games just present the letter up front as evidence to your position.

Good Luck!
Tayken
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  #20  
Old 11-15-2016, 10:53 AM
Dals74 Dals74 is offline
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I have been served to appear in court i got served yesterday 14 November 2016 and have to be in court next Wednesday 23 November 2016. My ex has lied and made me out to be a monster.She has taken my child from me about 3 weeks ago and has only given me supervised visits when she felt like it.She is enforcing that i sell the house that we jointly own, i cannot afford to buy her out. I have been paying the mortgage on my own since she moved out. I cant afford a lawyer and dont know what to do. PLEASE HELP she is trying to ruin my life. Im a decent hard working guy who loves his child.
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