Legal rights for a 20 yr. commonlaw relationship?

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wondergirl

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Brief background:

Met in 1993, moved in together 1 month after initial meeting.

Over the next 19 going on 20 yrs, there has been an ongoing deterioration of the relationship due to addictions on the part of my spouse....

Now I am in the early stages of legal procedings between his and my lawyer to determine separation of a "joint tenant" home of a large value, and spousal support I am seeking.

My two questions are:
1/ If I am joint tenant on the deed of our home, even though he has always paid for the house..am I entitled to a 50/50 split. (*note: It was always in my partners best interest that I do not work due to his wanting to travel and then have me care for this new home/farm, and he would pay for all of our expenses. Also of note: Home was purchased 10 yrs into our relationship, and originally was in his name for a very short period of time, but he put it completely in my name for awhile to hide the fact from an ex-wife, then he asked for it to go into joint tenant which I agreed to after about a period of approx two yrs. give or take)

2/ Spousal support based on a long term common law relationship.

These are the two issues that his lawyer is fighting and it would appear that he is going to come back saying because HE paid for everything, that I am entitled to only a small lump sum which in this case would work out to approx less than 20 percent of what I felt I would be entitled to by law.

I welcome any help in this matter, and if you require further details, please don't hesitate to ask. Thank you

Ohh, and no there are no children involved. Ages of myself and my partner are 54 and 62 respectively.
 
I could be incorrect but I believe there is a difference in marital property rights when you are common law vs. married. Check that out.

I see you participated in a scheme at one time with him to hide marital assets from a former wife.

Karma is a bitch isn't it?
 
arabian, I did not participate in "his" scheme as his financial manipulation due to his alchoholic behaviour from the get go was always the case. No one can predict the bizarre behaviour of an alcholic sometimes untill it's to late. His decision to put the house in my name was not my choice but his.
 
So he forced you to put the house in your name and you had absolutely no say in the matter whatsoever. His alcoholism forced you to do this. Ok I'll give you the benefit of a doubt for a minute or so.

Now the relationship is over. The alcoholic control freak is nearing retirement age. You have no property or assets whatsoever in your own name after 20 yrs? So you were basically a "kept woman." You didn't raise any children together. How did you contribute to the relationship?
 
For the past 10 yrs. We have "jointly owned" this working farm. He had decided at the time that this farm was purchased that he would work casual labour with a well known company "driving of all things" keeping in mind that his drinking is daily..so, this means he consistently drinks and drives. Regardless, the agreement between us was that when he worked outside the home I would be responsible for the upkeep of the farm/livestock/family home which I still do to this date as my lawyer advises for me to stay here until it would be unbearable or until settlement is made, whichever comes first. Being this is still early in the legalities I don't see this happening too soon. I have always contributed to the upkeep of our home, and he has always been the breadwinner. Before I had met him I had always been employed. From the age of 15 actually.
 
unequal division of assets

unequal division of assets

each province has different laws. In B.C where i reside, the law courts treat common-law differently than marrird couples and issue un-even division in property. in my case i proved thay i payed for 80% of all costs and was given 77% of equity.

the part about alcohol abuse is irrelevent in court when property divides.

regarding SS what are each of your earnings,? and are you not capable of supporting yourself? you may well be entitled according to our laws.

raven
 
Good for you. Sounds like you will have little trouble landing on your feet and supporting yourself in the future.

A support group for family members of alcoholics might help you. Living with an alcoholic for 20 yrs wouldn't be any fun but you have to recognize your own behavior in the mix of things. Hope you get the help you need so some day you can have a healthy relationship with someone. Count your lucky stars that he didn't kill anyone.

I recently referred a 48 yr old girl to my lawyer who was in a similar situation. She ended up getting a modest cash settlement with no spousal support. I spoke with her after everything was settled and she was pleased with the settlement.
 
raven: I am actually in Ontario, and based on what "DivorceMate's" support payment structure is based on both our incomes (of which as I have stated mine is zero) he would be required to pay somewhere between a low and high dollar value.

Regarding the house though which was the larger issue in this case, does "joint tenant" on title have an precedent regardless of who paid for the house? It is my understanding that joint tenant is indeed that...joint tenant regardless of who paid. Am I capable of supporting myself? yes of course after I move and set myself up after all of this, but realizing due to my current age/time out of the work force/type 1 diabetes health issues/ this will take some time and having a place to move to thankfully back to my family will help in regards to not having to pay rent for awhile..but, I cannot predict the future in regards to employement.
 
arabian: Alanon is indeed where i've been in the past, and to some extent it helps those in need in times of crisis..but, you have to realize that the concept of a higher power doesn't apply to everyone's beliefs..and in their case the word "God" is used way too much for my liking. but...that really doesn't have anything to do with all of this...Detachment works :)
 
Re this:

“What about property in both of our names?”
Click to expand...
If an asset is in both of your names, then you’re each entitled to half of its value.
You’ll need to decide between the two of you how to deal with it: either one of you will need to buy the other out, or the asset will need to be sold, with the proceeds of sale divided equally.
If there’s no agreement as to how the asset is to be divided, a court will normally order the asset sold.
Click to expand...

that's basically why I am asking...

quoted from here: http://www.common-law-separation-canada.com/property-division.htm
 
hi wondergirl, regarding SS (which i pay) my ex had an income imputed on her by the court when she was not working and was capable of. it depends on his level of income really...that is good that you have family support.
regarding the house(and remember i am in B.C) you will need to prove your contributions since the law treats CL couples differently than married ones. the same applies when your both on title.

Also i have been to court numerous times for the SS issue, and although i am rarely a believer of it, it sounds to me you would be entitled, athough his approximate income would be a help

the raven
 
I think you should talk to a lawyer and read up on recent settlements in your province regarding common law marriage. You mentioned your spouse "drives" for a living. I would assume that he has a class 1 (commercial license) and has employment in trucking or construction? That might help you in receiving a time-limited amount of support. Is the farm a family farm ie. passed down to him from a relative? These are important factors that can come into play when negotiating a settlement.
 
I didn't specify Alanon as I believe there are other support groups available for co-dependency.

Good for you for being brave enough to make the move to a better life. I am heartened to hear you have at least sought out some sort of assistance. It must be very overwhelming for you. I haven't been in that situation but I know many that have and they have survived. Important thing is to GET OUT.

Get to a lawyer. As there is no doubt a good portion of equity in the home and your spouse is employed you will have little problem getting a lawyer to represent you. Don't get a female one and get one young - that's my own personal advice. You need someone who is up-to-date on current divorce/separation law. Old farts will be of no use to you.
 
arabian, the house was not passed down, as I had stated..it was purchased 10 yrs into our relationship. I have retained a lawyer, and the reasons I ask these two questions were solely based on the situation. He does not drive a rig..he drives a cube van type vehicle. call it a courier for argument sake :)

re: raven's reply...
The reason I had not worked this past 20 yrs was a mutual agreement as he wanted me available for travel while we still lived in the city and he owned his own business..his theory was if i worked full time it would hinder his wanting to travel.
After the farm was purchased it was a necessity that I stay at home to take care of the daily chores/etc. while he went out and worked.

When I look at the big picture..It was to some extent financial manipulation but it was always our goal to own a farm and I did so willingly as we both love animals and farm life so much.
 
i guess i am kinda out of luck on the "don't get a female lawyer" part of your statement arabian, as the lawyer i did get is indeed female. LOL, and to make matters worse..his lawyer is a savvy city lawyer where mine is a more local but young female..that could be good or bad depending on the circumstances i suppose.
 
Is it ok as far as forum etiquette is concerned to update this thread as time passes during the legal process with other questions that may arise? Don't want to go against any forum rules.
 
It will be interesting for you to recieve feedback from ONT residents on the home issue, in B.C you would have to prove contributions beyond what rent would be.

regarding SS, i think you would be successful in an ONT court, although he will be looking at retirement and thus a lower guideline, raven
 
yes you can however you might get a wider range of responses if you put your questions on the recommended area - finance, divorce/common law support, child custody etc.

There aren't many of us who participate who are from western Canada and you might want to post other questions with heading "BC ...." I know there are many who read the forum and who only send private messages which is a pity as this whole forum is a learning process for all of us.
 
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