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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99931
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am getting out of a common law relationship. I have

Customer Question

I am getting out of a common law relationship. I have already spoken to a lawyer in regards ***** ***** the laws are in regards ***** ***** the assets but I have an additional question
We started a renovation July 2015 (the property is only in his name and we took out money on the mortgage to do so). I was hesitent to the the renovation as there has been cheating in the past. He assured me things were different and if he cheated again he would sign the condo over to me (which I know this likely has no legal standing).
We broke up in September. he offered me a buy out of the equity BEFORE the renovation which was 150k - so he offered me 75k.
He ended up guilt tripping me into doing the renovation. Now the renovation was over the top. It wasn't renovated to sell.. it was renovated to be out home. I found out he has been dating someone else. I feel like he guilt tripped me into doing the renovation so I would help finance it.
Now that we had the assessment done on it I will be losing money with what I put in. Do I have any legal grounds that he got me to invest in the renovation on false pretences that we were together?
My second question is he has been gone pretty much since May. I have only seen him a handfull of time. The only phone # I have the phone is off (its his work phone). And his new girlfriend is the one filtering our emails. So I am not allowed to communicate directly with him... only thorugh her. The girl he was with while we were doing this renovation.
I am currently living in the house. At what point has he abandoned it.. or does this exist? I don't know what to do.
Submitted: 10 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 10 months ago.

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

Expert:  Legal Ease replied 10 months ago.

I am sorry to hear of this difficult situation.

What province are you in please?

Customer: replied 10 months ago.
Expert:  Legal Ease replied 10 months ago.

In Alberta common law spouses do not have property rights. That means that you would only share in the value of an asset in your former spouse's name if you contributed to the value of that property. I assume someone already explained that to you.

So in a case like yours the courts will scrutinize your contributions as well as your former spouse's of course.

If you are negotiating you have a strong hand because he unduly pressured you and misrepresented the situation to you and convinced you to pay for renovation that only he will benefit from. If you go to court you would be able to argue that as well of course. And hopefully the court will sympathize with you. I don't know either of you and I find your case quite compelling. He should not be able to be unjustly enriched to your detriment.

He has not abandoned the home as there is no such thing and in your case, you don't even own the home because your name is ***** ***** title. So you have a strong claim to a large interest in the home but you don't actually have a claim to the home and because you were common law spouses this is not even your matrimonial home.

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 10 months ago.
do I have to leave the property?When he redid the mortgage in June he provided a document to the mortgage company that he was single. Which was 100% untrue (and I was unaware he was doing this). I was 100% involved in the process and the only reason I didn't go on the mortgage is I already have a property in my name and I didn't thnk I would qualify (which we have in witting).But I mean is it really worth it to go to court? I feel like he should pay me the $75k he initially offered me. But I doubt anyone else would see it that way.So what do I do about him not contacting me and with me living in the house?
Customer: replied 10 months ago.
Also, while I understand the law with the what I put in VS what you put in . He offered me 50% of the equity and has said many times on email 50/50. So does that have any baring or no?
Customer: replied 10 months ago.
I also paid a $16k special assessment for him back in 2012 under the understanding that was me buying into the location. My name just isn't on it.................... which I am sure he did on purpose.
Expert:  Legal Ease replied 10 months ago.

You do not have to get out unless he starts demanding it and even then you should not just go. It puts in a stronger negotiating position if you are in the house and he wants you out.

His offers are evidence but not binding as you didn't accept them.

I am sure he did do all of this on purpose. He sounds like a sneaky and dishonest person.

I think he may be afraid if he gets a letter from a lawyer.

It is my suspicion that he is a bully and so really a coward.

I think a letter from a lawyer may get you what you want.

It would be a good idea for you to consider retaining a lawyer and have that lawyer send him a harshly worded demand letter threatening court.

Customer: replied 10 months ago.
how do I go about doing that?I have talked to a few lawyers but both of them pretty much told me to accept $35k and leave
Customer: replied 10 months ago.
also, the issue is (and again I am sure he did it intentionally). he pays the majority of the household bills.does that change your answer on if I should leave? I did things like pay off his credit cards, the special assessment, vacations, nights out, groceries, clothing etc etc etc.
Expert:  Legal Ease replied 10 months ago.

No it doesn't change my answer.

I think you need to find a lawyer that will sit down and listen to all the details.

And you should not move out at least until you do get some good advice from a more experienced family lawyer.

Customer: replied 10 months ago.
okay dokie.
so do I just cut off contact? will be honest and say I was a little aggressive with my calling and emailing and he is claiming I am harassing him.He told me it was over a few times but still was leading me on.. saying we needed time blah blah blah. Than 2 weeks ago he told me he was going to Ontario to visit his family and we should take time and not talk at all.
I found out he took his new girlfriend to Hawaii.. so I kind of went off the deep end a little. Will that hurt me?
Expert:  Legal Ease replied 10 months ago.

I do think you should cut off all communication for now.

The best thing that can happen is for him to be shocked when you get a letter from a lawyer after not hearing from you.

Going off the deep end will not hurt you. But if you continue to call him he may be able to you charged with harassment. So that should stop at once.

Customer: replied 10 months ago.
Ok one last question. What do I do if he shows up to the house ?
I'm worried he is showing up with her
Expert:  Legal Ease replied 10 months ago.

Then tell him to leave.

Call the police if he persists and make it clear that you are separated but for now this is your home and you are in the process of retaining a lawyer.

That may work.

Customer: replied 10 months ago.
okay. do I have the option to change the locks? or not so much?
Expert:  Legal Ease replied 10 months ago.

You definitely do not have the right to change the locks. Sorry!

Customer: replied 10 months ago.
I didn't think so. but I thoguht iw ould check. great. thanks for all your help!
Expert:  Legal Ease replied 10 months ago.

You're very welcome. It has been a pleasure assisting you.

So, please keep my name. It is Legal Ease. If you need help again please feel free to put my name into the question next time so that I will be the one to assist you.

Take good care and have a great weekend.

Expert:  Legal Ease replied 10 months ago.

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

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