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Common law separation, with house and child?
My common law partner of 5 years and I are separating, and not because I chose to.
I was accepted into graduate school in another province. We are Manitoba residents. I wanted him to come with me, he refused. I wanted a long distance relationship until I complete my MA (two years). He refused. So, he has forced a separation. The problem is that we have a daughter (2 years old) and a house that we have owned for two years.
We have already agreed that our daughter will come with me. I thought that we would keep the house as a joint investment until he wanted to move (which he will have to do eventually), and then we would split the income from that sale. I also thought he would rent out the basement rooms to make up the income he would be lacking without me. In return, I was not going to force litigation on custody of our daughter or ask for child support. Now he is saying that there is no way that I will be allowed to maintain partial ownership of the house without supplying half of the mortgage and and utilities. He is threatening litigation.
My question is this: Under federal and/or Manitoba laws, what are my rights in this situation? Do I have any? Can anyone think of any possible recourse? I won't be able to afford payment on that house with a grad student's salary and a child to support (not to mention daycare costs), and losing that equity would be a definite disadvantage as well. Any constructive advice would be appreciated.
Sadly, I was never planning to leave him. In fact, I fought to keep us together. I feel pretty betrayed, actually. I wanted to see us continue as friends afterwards, but I'm starting to see that's not going to happen.
3 Answers
- LindaLv 41 decade agoFavorite Answer
He wants you to pay half of the mortgage and utilities when you won't be living there.That sounds like a crappy deal for you.On top of that he won't contribute to the care of your child.Bull!You need to pull up the laws of where you live on the internet and find some info. if you can't talk to a lawyer.He believes he has the upper hand in this situation and will make it as painful and difficult as he can for you,maybe thinking it will stop you from leaving.He sounds very selfish,no wonder you're leaving him.
- misskelleygirlLv 41 decade ago
I'm assuming you didn't draw up any sort of contract, when buying the house together?
If you're both on the Mortgage together, then it is 50/50...
Maybe give him some more time to settle things in his mind, since he's starting to be a little "Bitchy" now.
Keep in mind...I think it's stemming from Hurt of the two of you ending your relationship (Though I did see he was the one being difficult with things). He's still obviously hurting. And thus, making things harder than they have to be.
Let him have some time...And see if you can revisit the situation. If you don't have the time to spare...school starting and all....then I say Sell the Property. Because...Do you have any other choice?
Good luck...with your new life, and school and all that! I hope you're excited...despite this difficult situation. Good for you, for striving for more!
- honest girl!Lv 41 decade ago
It would have been better if you were married. At least if you were to divorce assets would have been split 50:50
