What are your rights when a common law partner cleans out a joint account and your whole house!

1shotwade · #1 03-04-2014, 09:41 PM

Got a call from my brother to head to his house to see what was happening. He works out of town. His joint account he has has been emptied so has the whole house. I got there as she and her friends were loading the uhaul. Rcmp showed up talked to both parties myself and her and told me to get my brother to get a lawyer. She took everything. Common law for 6 years my brother paid for everything. Big problem tho all the reciepts he had for items he still owes money on and important documents are history with her. I know he needs a lawyer but what else can he do?

coolpete1 · #2 03-04-2014, 09:42 PM

not much , if the cops were there and didn't do anything he's gotta go to court .

Wild&Free · #3 03-04-2014, 09:54 PM

it's not a crime to break into and remove items from your own home, or withdraw money from a joint account that doesn't require both people to sign for it.

lawyer up.

marxman · #4 03-04-2014, 10:02 PM

He could give up and call himself a sucker or fight and find out the hard way

1shotwade · #5 03-04-2014, 10:07 PM

Is it worth him going after her. She has a nice nestegg stashed somewhere cause she paid for nothing and my brother paid for everything including her daughter.

bobalong · #6 03-04-2014, 10:08 PM

Quote:

Originally Posted by 1shotwade

Got a call from my brother to head to his house to see what was happening. He works out of town. His joint account he has has been emptied so has the whole house. I got there as she and her friends were loading the uhaul. Rcmp showed up talked to both parties myself and her and told me to get my brother to get a lawyer. She took everything. Common law for 6 years my brother paid for everything. Big problem tho all the reciepts he had for items he still owes money on and important documents are history with her. I know he needs a lawyer but what else can he do?

The same thing happened to my sister in law (6 year common law). She got a lawyer, spent a few thousand more, and received nothing. She had no receipts, and no proof of what was in the house, and I am thinking a dumb lawyer as well.

Selkirk · #7 03-04-2014, 10:14 PM

Sadly, it sounds like a classic case of; 'She beat him to it'.

Condolences,

Mac

elkdump · #8 03-04-2014, 10:15 PM

it is called S.O.L.

so get the Lawyer, and HE will get what ever is left of your money, the ex didnt take, and it will drag on ENDLESSLY !

eventually between the ex and the Lawyer you wont have a SFA,

get new woman, sign airtight pre-nup, learn lesson, move on, don't waste life chasing what is done, cant fix whats done

dummy-up

pickrel pat · #9 03-04-2014, 10:19 PM

send her a tape of ac/dc dirty deeds.

coolpete1 · #10 03-04-2014, 10:20 PM

he will probably end up paying her child support , i'd cut my losses unless he thinks she'll back down.

ThreeD · #11 03-04-2014, 10:36 PM

Ouch !

Seen that ALOT in the military…spouses bail out JUST weeks before the lads come home from deployment overseas…after they've been stashing huge pay in the bank for 6 months while in Theater and unable to spend it. Soldier comes come to an empty house and an empty bank account. Ruthless.

Never seems to end very well for the lad.

Sorry to hear about your brother. Tough pill to swallow. Best wishes for a speedy recovery.

ESOXangler · #12 03-05-2014, 06:21 AM

I'd tell him that sometimes it costs a lot to be happy! He could lawyer up just to be spiteful. And he could win, but that's between him and the judge. Look at the bright side, fresh start and he gets to try different types of sandwiches now!

DCse7en · #13 03-05-2014, 06:27 AM

Quote:

Originally Posted by 1shotwade

Is it worth him going after her. She has a nice nestegg stashed somewhere cause she paid for nothing and my brother paid for everything including her daughter.

Let the "fun" begin....He may be on the hook for child support for the daughter. It sounds stupid I know, but if the daughter was dependant on him then he may have to pay her support, unless there is already a support order in place for the biological father. I would hire a lawyer though, if she made off with that much money, it would be worth it to get some of it back.

79ford · #14 03-05-2014, 06:33 AM

hmmm, that really sucks... the furniture on credit is probably in his name too. Maybe pay it off and call it a day? I doubt he has much pull on the court side being a man going after a single mom for her nest egg to pay for furniture

rwm1273 · #15 03-05-2014, 07:20 AM

Common law is considered for all intents and purposes the same as married, however they use a different law than the divorce act.
Interdependent relationship act spells out the rules. Technically both parties are only able to keep what they brought into the relationship, however most judges don't do this anymore.

Here is a link to more information on it.

http://www.slsedmonton.com/family/co...relationships/

zabbo · #16 03-05-2014, 07:26 AM

If she didn't work, or worked at a low paying job he could be on the hook for alimony as well as child support. Your brother should talk to a laywer just to C.H.A. There may be more bad news on the way. Sad but true.

58thecat · #17 03-05-2014, 07:30 AM

Ahhh the sounds of legal experts, have a sit down with a lawyer and see where to go from there. Advice here will go from pop a cap in it's arse to sprinkles on donuts!

Grizzly Adams · #18 03-05-2014, 07:35 AM

Quote:

Originally Posted by 58thecat

Ahhh the sounds of legal experts, have a sit down with a lawyer and see where to go from there. Advice here will go from pop a cap in it's arse to sprinkles on donuts!

Surprised Ken hasn't shown up offering to solve the problem.

Grizz

JohninAB · #19 03-05-2014, 07:36 AM

Quote:

Originally Posted by 58thecat

Ahhh the sounds of legal experts, have a sit down with a lawyer and see where to go from there. Advice here will go from pop a cap in it's arse to sprinkles on donuts!

Been there, got the tshirt, moved on. Best advice is quoted above.

jcrayford · #20 03-05-2014, 07:44 AM

Happened to me once (ONCE ONLY)....

I had to ask a tough question to myself.... What is it worth to have her out of my life after that stuff she pulled.... I decided I was way better off with the bills and her gone.... No extra bills from lawyer costs either.

Now I could suggest a couple of bars of soap, wrapped in a towel.... But then again I'm past that point in my life as well....

Ask your brother what it's worth to him to walk away - only he can decide if it's worth the extra cost of lawyers and courts.... They would be the only ones walking away scott-free....

J.

rwm1273 · #21 03-05-2014, 07:50 AM

Quote:

Originally Posted by jcrayford

Happened to me once (ONCE ONLY)....

I had to ask a tough question to myself.... What is it worth to have her out of my life after that stuff she pulled.... I decided I was way better off with the bills and her gone.... No extra bills from lawyer costs either.

Now I could suggest a couple of bars of soap, wrapped in a towel.... But then again I'm past that point in my life as well....

Ask your brother what it's worth to him to walk away - only he can decide if it's worth the extra cost of lawyers and courts.... They would be the only ones walking away scott-free....

J.

You are assuming it is over. As others have said, it can get worse.

If a person (woman) is willing to do this, she is willing to go farther. She has nothing to lose, and more to gain, and the courts are more than willing to help her do it.

Dacotensis · #22 03-05-2014, 07:56 AM

Tell him to get a new identity and go hide somewhere.
Get a new name, new Dl, new name on his fishing and hunting license.
This will cost him a bit, but will be cheaper in the end.

rhuntley12 · #23 03-05-2014, 08:19 AM

Wonder if you happened to get pictures of the contents inside the uhaul?
Would close out any join accts and cancel any CC's she has access too.

Get a lawyer, even if he wants to just walk away, probably worth the money to have things done right.

recce43 · #24 03-05-2014, 08:35 AM

been there came home after being gone 6 weeks on exercise in the military house was empty ..S.O.L

brother1 · #25 03-05-2014, 08:36 AM

A buddy of mine had something like this happen, tried to resolve it himself and paid her out another $75k to be done...needless to say that money was gone, and 18yrs later he's still in and out of court over their daughter. Don't have any more contact with her, don't give her anything else, and get a lawyer as fast as you can, is my 2 cents.

Hunter Trav · #26 03-05-2014, 08:40 AM

Is he the father of the girl?? If not and he didn't adopt, he won't ever have to pay child support. If that is the case (as much as it sucks), let it go and just start fresh. Not worth trying to go after a double crossing b***h like her. Will just give him more heartache and debt to basically get nothing in the end...

3blade · #27 03-05-2014, 08:59 AM

Quote:

Originally Posted by Dacotensis

Tell him to get a new identity and go hide somewhere.
Get a new name, new Dl, new name on his fishing and hunting license.
This will cost him a bit, but will be cheaper in the end.

This^^^

Once they taste blood, they don't stop. Her friends will tell her how. And lawyers make it worse.

Close off everything, sell the house quick, take the money and set up a new life. chill on a boat somewhere. Get outta dodge.

Condolences.

Dacotensis · #28 03-05-2014, 09:02 AM

Quote:

Originally Posted by Hunter Trav

Is he the father of the girl?? If not and he didn't adopt, he won't ever have to pay child support. If that is the case (as much as it sucks), let it go and just start fresh. Not worth trying to go after a double crossing b***h like her. Will just give him more heartache and debt to basically get nothing in the end...

Oh, but if he has supported the child like his own, then he will be on the hook.
There is plenty of case law to support this. Already on the books with our legal system.
I'm not a laser btw, but I've been paying attention to these injustices that happen in our country every day.
Original dad is walking free somewhere. Loser.

Dacotensis · #29 03-05-2014, 09:08 AM

Of course on the flip side, if he is involved like a dad and has raised the child as his own, then he may not want to run.
He could go for parenting rights, claim spouse land child support, put in for the CCTb and other benefits ASAP.
If this is the case then he shouldn't run and hide.
He should get what is his and give what is right.

But women can be crazy, and it sounds like the one in this story is bat chit nuts.

I would advise option one.
New ID, new friends, new city or country to live in.

Way cheaper than the other option.

Possessions can be replaced.

1shotwade · #30 03-05-2014, 09:31 AM

Ohh she is a piece of work al right. Last night when i showed up with the rcmp she went bat crap crazy. The only reason my brother called the rcmp was he wanted it documented and the company he works for lets him work from home and he has lots of work related items in his house. Also lots of confidential items in some filing cabinets. The rcmp sympathetic but said it was domestic so let her carry on removing all items. my brother is on route home so we will see what left but the rcmp said it was cleaned out.