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Law Maven
Law Maven, Lawyer
Category: Canada Law
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Experience:  Lawyer & Instructor at Algonquin Careers Academy
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If a son farmed with his father years but didn't get

Customer Question

If a son farmed with his father for 19 years but didn't get paid as he was doing it to help pay for the farm years down the road when the dad retired and now after 19 years of marriage the wife has left and is asking for some of the farm and the judge has granted access to the farms financials and the son wasn't on the family farm at all could there be a case for unjust enrichment
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law Maven replied 1 year ago.
Hello – my name is***** am a Canadian lawyer, and I’ll be happy to help with your question today.
Expert:  Law Maven replied 1 year ago.
The short answer is, Yes there could. The more difficult question is who that case should be against, and how to bring it to the attention of the Court. Ideally, it would seem logical for the son to claim against the father, because a successful unjust enrichment claim would result in the the Court deciding that the father doesn't own the whole property, he is holding some portion of the property for the son. That would mean that the total increase in the value of the farm during the marriage would be less, and the amount that the father would have to divide with his ex-wife would also be less. If the divorce is already moving forward, it may not be possible for a suit against the father to be heard in time. While it might be possible for the son to sue the wife after the divorce is over, one potential problem with that would be if the farm property was divided and sold based on a Court Order to pay the ex-wife whatever the Court determines is her share, then it might be difficult --if the son succeeded in his suit against the ex-wife-- to buy back the land.
Expert:  Law Maven replied 1 year ago.
Does the father have a lawyer dealing with the divorce? If he does, the son is likely best off discussing this with his father (if he has not already done so) and then going together to see the lawyer who is handling the divorce. Then that lawyer could make the unjust enrichment argument to the Court as a part of demonstrating why the division of the increase in value of the property should not be 50/50 between the spouses. If the father does not yet have a lawyer, it would be a very good idea for him to get one. Perhaps the son could help pay, as both of them stand to benefit if the unjust enrichment argument is successful. It is not a simple argument to make, and while I think many people can handle their own divorce in Court, I suggest that if there are going to be unjust enrichment type arguments needing to be made, it is time to hire an expert family lawyer. I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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