Common law separation with house and child
4/6/2009 at 10:47 AM
My common law partner of 5 years and I are separating (yeah, I know, this would have been easier if we were married, but he wouldn't marry me. I guess that should have been my first sign.).
I was accepted into a great program in another province. I wanted him to come with me, but he refused. I wanted a long distance relationship until I complete this program (two years), but he refused. He also refused "marriage" counseling to see if we could make it work anyway. So, he has forced a separation. The problem is that we have a young child and a house that we have owned for two years.
We have already agreed that our child will come with me. I thought that we would keep the house as a joint investment until he wanted to move, and then we would split the income from that sale. I also thought he would rent out the basement rooms to make up for 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 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.
I don't want this to turn into a big fight, I want us to keep getting along for our child's sake, but I also don't want to get walked all over. Any constructive advice would be appreciated.