I lived with a man, in my home, common-law for five years. He helped pay off the mortgage however he did not contribute any monies for any living expenses (food, hydro, internet, phones, etc.) for five years. Can I charge him room and board during the time he lived here for free and subtract that from what he contributed to the mortgage?
Common-law
- Thread starter Eye2Eye
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Hi Eye2Eye and welcome to the forums!
I've got a site dealing with common law situations at:
http://www.common-law-separation-canada.com
In common law situations, the "starting position" is each person keeps what is in his or her name. It's not clear whether the house is in one or both of your names.
Either of you may have a claim for unjust enrichment if you meet certain conditions (see my site)
You can't really go back in time and charge someone for rent, etc. Nor does your ex necessarily gain an ownership interest in the house simply because he contributed to the mortgage. You have to look at the totality of the situation and see whether one of you may have a claim for unjust enrichment.
I've got a site dealing with common law situations at:
http://www.common-law-separation-canada.com
In common law situations, the "starting position" is each person keeps what is in his or her name. It's not clear whether the house is in one or both of your names.
Either of you may have a claim for unjust enrichment if you meet certain conditions (see my site)
You can't really go back in time and charge someone for rent, etc. Nor does your ex necessarily gain an ownership interest in the house simply because he contributed to the mortgage. You have to look at the totality of the situation and see whether one of you may have a claim for unjust enrichment.
Unjust Enrichment
Unjust Enrichment
Hi Jeff, thanks for your reply.
The house is in my name. I gave him everything, took care of him, paid all the bills, fed him, and now he is threatening me with getting the money back he put into the mortgage. As far as unjust enrichment, am I understanding correctly that it means if the home has increased in value he's entitled to that based on the percentage he contributed?
He has his own completely furnished house and moved into it last Saturday. He made sure he took everything and anything that was his right down to a pen.
During our five years of living together, I helped him with a business and we became partners. He had the inventory and I did the research, developed the image, spent four years logging inventory, taught him how to use the computer and various software packages, and he's walked away with that. He can run it on his own now without me. I devoted four years of my life building that business, don't I have any rights with regard to that and have I not enriched his life due to my four years of working on that business?
Thanks
Unjust Enrichment
Hi Jeff, thanks for your reply.
The house is in my name. I gave him everything, took care of him, paid all the bills, fed him, and now he is threatening me with getting the money back he put into the mortgage. As far as unjust enrichment, am I understanding correctly that it means if the home has increased in value he's entitled to that based on the percentage he contributed?
He has his own completely furnished house and moved into it last Saturday. He made sure he took everything and anything that was his right down to a pen.
During our five years of living together, I helped him with a business and we became partners. He had the inventory and I did the research, developed the image, spent four years logging inventory, taught him how to use the computer and various software packages, and he's walked away with that. He can run it on his own now without me. I devoted four years of my life building that business, don't I have any rights with regard to that and have I not enriched his life due to my four years of working on that business?
Thanks
You bet!
You bet!
Eye2Eye, I'm not a legal expert, but as I understand the laws about unjust enrichment, your contribution to his business has indeed enriched him.. IF the business is his. If it is both your names, then you are entitled to a percentage of it. Your contribution is not unrecognized by the courts.
You bet!
Eye2Eye, I'm not a legal expert, but as I understand the laws about unjust enrichment, your contribution to his business has indeed enriched him.. IF the business is his. If it is both your names, then you are entitled to a percentage of it. Your contribution is not unrecognized by the courts.
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