Do I owe her anything more than I have already given?

Anonymous Asked:

Fifteen years ago I invited the woman I loved to move into my home with her 11 year old son. She asked me for an engagement ring so her son would know it was a legitimate relationship, so I agreed. Over the next three years I asked her set a date but she always refused. She worked sporadicly until mid 2004 when she suffered a mild concussion due to a workplace injury. I have been supporting her ever since. Her son is now grown & moved to BC to be near his father. We have never shared a bedroom & she has never contributed anything financially, even when she worked & received child support whatever she made she kept for her needs & those of her son. I have always paid all expenses. About a year ago at age 58 I lost my job and I've been managing on temporary assignments & odd jobs. She recently asked me for the receipts for the ring & other diamond jewelry I gave her and to sell my home & give her money so she can start again. Do I owe her anything more than I have already given. Betrayed

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: You have raised issues of potential spousal support and division of property. In terms of spousal support, as you have both been living together for a significant period of time, either party has the right to claim it, although that does not mean that they would be successful. I would need further details from you before commenting further.

In terms of property division, as you are not legally married there is no automatic entitlement to divide property. A “common-law spouse” must make a constructive trust and unjust enrichment type arguments to prove any property rights. I emphasize again that as there is no automatic right to the division of property if spouses are not legally married, that you are under no obligation to provide her with anything, unless you first agree or a Judge makes such an Order based on the aforesaid legal doctrines. You have a complicated case, which of course I would be pleased to assist you with. I suggest that you telephone me at 877-668-9386 for a free consultation, so that I may provide you with guidance that is more specific to your case once I have had an opportunity to ask you detailed questions.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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