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Old 11-05-2018, 12:37 PM   #1
MableKath
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Question Common Law situation or not?

Hello, I'm Mable trying to help my brother Trevor. Please PLEASE help him with your knowledge. Here is what happened -

My brother, Trevor met this woman (Tracey) with 2 kids from 2 different guys. She was not getting child support from 2 different guys as they are total losers. Tracey seems nice and said she runs and works part time is was attractive. They would run together and have sex. (gross).
Then Trevor bought her a big house because she was living at her parents house with 2 kids.
Immediately, he noticed now there is NO sex and hmm she stopped running with him and he realized she smoked pot every day and worked less.
Well Trevor over the years paid for everything, including kids cars and education. The kids stayed at the house even after graduation and brought their kids to live their too.

4 years ago Trevor got transferred 3 hours away for work and asked user Tracey if she would like to move to new town so they
can have a relationship and she said no way, she likes the house and town they live in.

So he has been working in this other town and go back to their house about twice a month for a day or so. She was always a cold biotch when he would go home. She NEVER once came to his basement suite to visit him. He always gave her cash when ever he would go back home.

He ask her to move and sold his house. Now she wants half the money for said house. I don't think she can claim Common Law Marriage because 1. He did not put her on his Income Tax form, he said he was single. 2. He has a dated letter to land lord from 4 years ago asking to live in basement suite and it says he is SINGLE.

Can he just get away from this gold digger clean free or does he have to pay her half of his house and everything as if this is a common law marriage? I think he can say to judge that he left common law marriage 4 years ago and she refused to come so he waited until last kid got car and education so last 4 years he was not in relationship with her.

Please give us your opinion.
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Old 11-05-2018, 08:31 PM   #2
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Default Re: Common Law situation or not?

Hi MableKath. Welcome to Psych Central. Laws in US re Common Law Marriages vary from state to state. Check with a lawyer or research yourself for the province(s) involved.

In US biological parents are responsible for child support. Check on this as above.
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Old 11-05-2018, 10:27 PM   #3
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Default Re: Common Law situation or not?

Invoking Common Law isn't an easy process, living together for a set amount of time isn't typically enough - you generally have to prove that you were living as a married couple, share bank accounts, both names are the mortgage/rent, filing taxes together, etc. I'd suggest that he discuss what his rights and obligations are with a legal professional. Chances are if the mortgage on the house is under his name, and if pays the associated taxes then he is the lawful owner.

Highly unlikely she has a case and is just using it as a 'threat' without understanding the implications. Again though, I'd run it by a legal professional.
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Old 11-05-2018, 10:44 PM   #4
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Default Re: Common Law situation or not?

It depends what province they live in, as the law varies by province. But from what i googled, one party should not be "enriched" at the expense of the other.
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Old 11-12-2018, 05:47 AM   #5
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Default Re: Common Law situation or not?

If he owns said house, who is the land lord that he wrote to about living in the basement?
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Old 11-12-2018, 05:51 AM   #6
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Default Re: Common Law situation or not?

I wouldn't think she has a case, but I'm not familiar with the laws in Canada. Your best bet is to consult a lawyer.
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