[Windsor-Essex] Experience with unequal property division under Section 5(6) or unjust enrichment in Ontario?

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I’m going through a separation in Ontario and trying to understand my legal options. The situation is lopsided, but I’ll keep this as clear as I can.

We lived together for several years. I paid 100% of the down payment on our home (which is in both of our names) and covered far more than my fair share of expenses throughout the relationship. The other person contributed very little financially overall and didn’t take on household or maintenance responsibilities. I’ve got strong documentation — bank records, receipts, and messages — showing the financial imbalance and lack of contribution on their end.

We started mediation, but they backed out after I asked for their address in case I needed to take legal steps to protect myself. They’re now claiming the mediation “didn’t count” because the mediator wasn’t a lawyer — which isn’t how the process works. From what I’ve seen, their lawyer seems to be realizing she’s been handed a mess to clean up.

I’ve made a generous settlement offer — way more than I think a court would award them — but they’re dragging things out, feeding their lawyer a skewed story, and rewriting events.

This has taken a major psychological toll on me and my new partner. We’ve put so much into this home — physically, financially, emotionally — and now it feels like someone’s trying to walk off with what they didn’t earn. I know the law and morality don’t always align, but this feels wrong.


What I’m looking for:

Has anyone here successfully argued for unequal property division under Section 5(6) of Ontario’s Family Law Act?

Has anyone used unjust enrichment or constructive trust arguments and won?

What kind of lawyer should I be looking for, and what should I ask during consultations?

Was mediation helpful in your situation, or just a waste of time?

If anyone knows of a lawyer — ideally local to Windsor-Essex, but I’m also open to anyone in Ontario who works remotely — who has experience with this kind of case and might be willing to cut to the chase rather than drag things out with endless consultations, I’d really appreciate the recommendation.

Thanks in advance to anyone who’s been through something like this or knows how best to navigate it.

Posted Jun 23, 2025, 4:19 AM UTC

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