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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95870
Experience:  Lawyer
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I cohabitated with someone who walked out on me 1 1/2 months

Customer Question

I cohabitated with someone who walked out on me 1 1/2 months ago. We've lived together for 4 years and have a 2 1/2 year old child.We purchased a condo 1 yr & 9 months ago & the mortgage to our residence is in his name only although my parents which live with us contributed $5000 dollars to him to help with the down payment along with an additional $2000 they gave to help us with bills.This money was all given to him in cash. My parents also have paid for all the groceries and cable internet and house phone for the entire time we have lived here. My mother also babysat our son and provided before and after school care for my daughter (from a previous relationship). Shortly after moving in I was diagnosed with breast cancer and really needed my parents support. He is now trying to force them and eventually me out on the street. He calls for money continuously and my parents said they would give him $700 per month as they no longer babysit but are still supplying all the necessities of life for me and my children. He harassed me during chemo to get back to work so I opted not to do radiation and went back to work early. After we started having problems he told me to quit my job by the end of July which I did and then he walked out on me. It was all done to get me totally dependent on him financially. I have asked my parents to please stay as I am afraid of what he is trying to do or what he will do next. Can he legally force us out. My parents are trying to buy a house but have to wait 3 more months to strengthen their credit score. Please please help me and tell me what I should do next. Thank-you
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am terribly sorry to hear all of this.

I have one question for a start.

Are both your names on title to the house or just in his name. I know you said he is the only one on the mortgage.


Customer: replied 1 month ago.
It is just his name
Expert:  Legal Ease replied 1 month ago.

Why was that done? Was it because you could not get a mortgage?

How much did he make for the down payment?

Did you contribute to the mortgage payments at all?

Customer: replied 1 month ago.
No my credit score was not high enough. I did contribute. I worked as a health care aide and once I got cancer and had the chemotherapy I was receiving EI and the wings of hope foundation paid the mortgage twice and then I went right back to work. I think all together the down payment was 16000
Expert:  Legal Ease replied 1 month ago.

In Alberta common law spouses do not have property rights so you don't automatically share in assets the way that legally married spouses do.

Rather, the court would look at your contributions and you would get credit for what you and your parents paid towards the value of the house.

You will not have the right to remain living there because the house is his as it is in his name but he will have to pay you out.

He will not be able to get you out so fast and if this gets to court before 3 months which is unlikely you can prove that your parents need that time so no one will be hurt and the court will likely give it to you.

If you are financially dependent on him he will have to provide you with child support at least for a while.

So really your next step should be to consult with a family lawyer face to face.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
Thank you. Would I need to file an EPO in order to receive a payout for my contributions?
Expert:  Legal Ease replied 1 month ago.

No that would not make sense.

Customer: replied 1 month ago.
Is there a specific Oder I need to file?
Customer: replied 1 month ago.
Expert:  Legal Ease replied 1 month ago.

You would have to start a lawsuit.

It is highly complex and you would need to retain a lawyer to assist you if at all possible.

It is going to hard to win if you have to self-represent.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

Customer: replied 1 month ago.
No thank you for the information. I owe 3000 to legal aide and don't have a job right now so I don't think I can go to court then. Thank you for everything.
Expert:  Legal Ease replied 1 month ago.

You Should check with legal aid before you give up.

In any event, I wish you well.

Please rate me now. I know that you have paid the site but I don't get paid at all until you rate me.


Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

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