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honeydipp · Jun 11, 2009, 09:40 AM

Hi everyone... I'm new to the board
Im asking this question on behalf of a very upset friend.
He was in a common law relationship for 11 years with 2 children... not his.
They are hers from a previous marriage... received no child support or alimony and she never got a divorce from him. My friend paid for all rent ( no matrimonial home) and bills and cost of living while they were together. He has a higher income, she is older with a part time job and gets a disability cheque each month with pension... after breaking up 6 months ago she now wants a car from him and 2500.00 or she will take him to court for everything. He matrimonial to this with a request from her to sign a legal letter to close the deal... but she refuses . She filled single on her taxes for her pension and said with each day passing... it will go up another thousand bucks. She calls his work, emails his boss and family about this. PLEASE HELP ME >>>> HELP HIM
Her kids are now 22 and 27 and she lives in a rented house with them as they help contribute to rent. Can she file taxes single while still be married and common law?? My friend just wants this to end peacefully.. but each day she sends another email with another demand... THANK YOU SOOOO VERY MUCH FOR ANY HELP

We live in Ontario :(:(:(

N0help4u · Jun 11, 2009, 06:24 PM

You say married and common law.

Many places do not recognise common law and even if they do they most likely do not give as much to the common law break up as they would alimony. Married she would be doing good to get half the assets PLUS she can not get anything that was his before she came into the picture

She either
A. Doesn't know the law and thinks she does
Or
B. Just hopes he falls for her black mail.

The last thing he should do is get intimidated and fall for her demands. Let her take him to court and see what the Crown says.

Even Judge Judy often says about couples who lived together and broke up "Too bad lesson learned''. She might be able to get a little something but nothing like what she is demanding. If she does take him to court he should have a list with dates and threats and demands and counter sue her for harassment.

I am not sure on Canada law on this but I am willing to bet that she can not get all of what she wants.

Fr_Chuck · Jun 11, 2009, 06:46 PM

Where do they live, if in the US, very few places allow or accept a common law marriage.

If you live in one of the few places that allow it, you have specific items that have to be done, so the exact location is important.

In general, most places don't honor common law, and she would not be entitled to anything

N0help4u · Jun 12, 2009, 05:36 PM

I think Canada recognizes common law and palimony if she contributed toward his success and paid bills beyond what could be considered her fair share of expenses she may be able to get a little something minus what would be considered her fair share and gifts to him. But she is demanding way out of the realm of what any Judge in their right mind would award.

excon · Jun 12, 2009, 05:45 PM

Hello h:

From my reading of your question, she never got divorced from hubby number #1. Or you could be talking about your friend. I don't know. If that's the case, she'll get nothing. She's still married. If it's NOT the case, unless she lives in a state that recognizes common law, she'll still get nothing.

Let me see if I can find 'em again. Ok, here they are:

Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah

excon

N0help4u · Jun 13, 2009, 05:33 AM

They live in Ontario Canada.

New Jersey
California
And
Canada
Grant palimony in SOME cases
Like if the partner contributed a substantial amount to the others success or upkeep of living.

honeydipp · Jun 15, 2009, 05:32 AM

Thank you for all your advice everyone... my friend is now awaiting a lawyers appointment in July. Until then, he will have to put up with her unfair BLACKMAIL since each day brings a new demand. You are so right N0help4u... I think she lays awake at night just plotting her next move. We live in Ontario Canada and so common law relationships are legal. I can tell you though... she is tryn my patience!! Please keep all the answers coming... we need all the help he can get until the lawyers appointment. THANK YOUUUUU :)