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Thread: Common Law: Suing for Loss when selling property

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    Default Common Law: Suing for Loss when selling property

    So I've heard a lot of stories that if you lived with a partner for a certain period of time and they contributed to paying the bills and you eventually broke up, even if it was just your name on the mortgage they could legally go after some of your assets.

    Well, found out my gf cheated on me this weekend and my place is just a bit too expensive for me to feel it's worth keeping and I'd like to downsize as quickly as possible. I know I'm most likely going to take a hit on the sale price and might even owe a few grand once lawyers and realtors are paid. What I'm wondering is if I could sue her for that loss, just like she could sue me for any gains?

    I know selling now might not be a good idea, I'm going to try and rent it out but I just want to know if this is a realistic option. I'd really like to cut all ties and get rid of anything that reminds me of that twat. Start fresh.

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    Shitty to hear! If its only a few grand I would eat the loss and move on. No point dragging it out..
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    Yeah I know. I'm being a petty but it's a piss off cause I bought the place for us, she just had shitty credit so it was only in my name.

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    ...who gets the cat?

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    Quote Originally Posted by Brent.ff View Post
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    ...who gets the cat?
    Probably her.

    Well to OP, there's legally, realistically, and just misinformation out there. Sorry to hear about your situation.

    Long story short, if she contributed, she can be entitled to half of appreciation. Did the property go up in value?

    I have been in a 10 year and a 5 year, both times it just ended, no payout, nothing, just goodbye.

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    Sorry to hear but i agree with thinmyster, dont bother dragging things out.

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    Quote Originally Posted by dj_patm View Post
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    Yeah I know. I'm being a petty but it's a piss off cause I bought the place for us, she just had shitty credit so it was only in my name.
    Well I remember hearing a story about automatic asset division only applied to married couples and not common law (that case was a couple who were CL for 20+ years and separated, chick got nothing). Common Law status is 3 years if my Google Fu is correct (more than I remember last time I searched).

    So she will probably get nothing, gain or loss.

    Not sure if you can sue her for losses if you have full control of the asset.
    Last edited by Xtrema; 10-23-2017 at 11:37 AM.

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    ...
    Last edited by Sugarphreak; 08-18-2019 at 12:45 AM.

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    Sorry to hear.

    How log was your GF living with you? Was it six months?
    Check your mortgage documents there should be something related to that in there. Did she contribute in any way?

    Right now your emotional. For the love of god, don't make any big decisions in this state. Take time out, have a wank etc.
    But I agree with whats been said above, if its a few grand. Move on.

    Who is getting the cat..?

    Edit:
    Do you have any evidence of her cheating? Texts, emails etc? If so keep them.
    Last edited by tonytiger55; 10-23-2017 at 11:51 AM. Reason: Added question

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    Slightly relevant:

    http://www.cbc.ca/news/canada/calgar...ghts-1.4354628

    Common-law relationships are on the rise, but what some partners might not realize is they aren't afforded the same legal protections as married couples when it comes to breaking up.

    That's what Denise found out the hard way when she separated from her common-law partner of 20 years.

    Denise agreed to speak to CBC News on the condition that her last name and face would be kept private, as she's still fighting a legal battle against her ex.
    "I honestly can't think of how my relationship was any different from anyone else who lives on this street and happens to be married," Denise said.

    Denise and her partner raised three children together, and by the time they broke up they owned two homes.

    But Denise discovered she wasn't entitled to either property. She and her children were forced to move into a distant family member's home for months after her separation.

    "I left and there were two houses in this relationship but neither of them were in my name," she said.

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    Since OP said gf, my guess it's a 3-5 year type relationship and not a 20 year one with kids etc.

    With that said, if house didn't appreciate, he's stuck with it and or sell at loss. or rental etc. If house did appreciate, it would have to appreciate enough to cover realtor fees and she only gets half of profits. That is if she even knows this shit. lol

    My ex moved out 2 months ago and it's weird af for me in the condo. I can't decide if I should move, be an air bnb host or get a roommate or what. Luckily money isn't the concern so I'll just live here until spring. I figure by then I would be more level headed to decide what to do.

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    Yeah we were together for 3 years (last week was our anniversary, that twat).

    She lived with me for two. She did contribute by paying me rent. I make more money.

    Right now similar units are listed for around the price I paid. Don't know what they are actually selling for though. It's the first time I've seen units listed for around or above original price in about a year and a half which is refreshing.

    I'd actually prefer to keep the unit if I can rent it out so that's plan A. I was just trying to figure out what would happen with plan B.

    We both want the cat so I don't know what will happen with her.

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    Another buddy went through the same thing as you this past summer. He was worried she was gonna come after him for some money and I explained the same thing to him. Nothing came from it, they broke up, she moved out and both sides moved on. That's what I mean by realistically of what will happen, there really has to be money on the line to even consider court or issue verbal threats.

    At this point if the relationship is done you are best to try to break it as clean as possible. I miss my cats too as I took care of them for 5 years but that's life Lose the battle but not the lesson and think long term (win the war - whatever that means lol)

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    So has anyone ever had an ex bf/gf successfully taken half their total asset after a short 1-3 year relationship? (Reverse also has anyone successfully within 1-3 years dating taken someone else’s total half?; not just appreciated value after being together)

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    Quote Originally Posted by TomcoPDR View Post
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    So has anyone ever had an ex bf/gf successfully taken half their total asset after a short 1-3 year relationship? (Reverse also has anyone successfully within 1-3 years dating taken someone else’s total half?; not just appreciated value after being together)
    As per rage2, it doesn't work like that lol it would take gold digging to a whole new level.

    That's why I said there's legally (law), realistically (how most do it), and misinformation (the take half thing) lol

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    Quote Originally Posted by max_boost View Post
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    As per rage2, it doesn't work like that lol it would take gold digging to a whole new level.

    That's why I said there's legally (law), realistically (how most do it), and misinformation (the take half thing) lol
    Extreme gold digging or a man with no balls to let that happen.
    Quote Originally Posted by Disoblige View Post
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    Arash reminds me of Mar but I can't tell which one is more stupid.
    Quote Originally Posted by JRSC00LUDE View Post
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    Yeah well I wonder how they get the soft flowing caramel inside the Caramilk bar but you don't see me making a god damn thread about it. Slap your wife Baygirl, straighten him out.

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    She won't come after you, she's got bad credit already, a good sign she has no idea. But will utter threats of doing so.
    Could also say, you need to pay for her to get movers in, pay to help her on 1st month's rent, etc. Just toss the mortgage cancellation fee in her face to pay half.
    Call your mortage company and they'll actually provide you in writing the cost to break the mortgage early. Having a piece of paper with that cost is much more threatening than verbal statements.
    https://www.ratehub.ca/penalty-calculator

    Also collect any info and even write it down as to proof on her cheating, etc. Dates, times, behaviors, be exact, etc. Never know.
    Write down your contributions to the home and her contributions, also a big one is vacations in the last year and who paid for what (you know you probably paid for most of it).
    Keep it in a safe place away from where she could get at it.

    House rental market sucks and if you're new to it and it's a emotional time, you can end up not making the best decision on tenants. Adding to your strife. I wouldn't go that route personally.
    Sucks but protect yourself and you'll get through it and be happy you're not married and paying spousal support, etc.

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    Was cheated on when I was 24... Turned out to be the best thing that ever happened to me, at the time, revenge was all that was in my mind, in the end, calmer heads prevailed and I realized not only is taking the high road better, but ridding my life of a useless cunt was ever better. I didn't even ask for half our apartment deposit back at the time, just leaving her without much words and never turning back and hearing what an emotional mess I left her in was satisfying enough. Stay strong and good luck...

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    beyond is slacking...

    a) photos of ex?

    b) was she getting texts from her ex?

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    Quote Originally Posted by Brent.ff View Post
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    beyond is slacking...

    a) photos of ex?

    b) was she getting texts from her ex?
    I was about to ask question b
    Quote Originally Posted by Disoblige View Post
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    Arash reminds me of Mar but I can't tell which one is more stupid.
    Quote Originally Posted by JRSC00LUDE View Post
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    Yeah well I wonder how they get the soft flowing caramel inside the Caramilk bar but you don't see me making a god damn thread about it. Slap your wife Baygirl, straighten him out.

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