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Old 03-23-2017, 01:57 PM
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Originally Posted by OrleansLawyer View Post
The Family Law Act states that unequal division applies to a period of cohabitation that is less than five years.
Some situations to flesh out what that means...
Assume A owns the house, and that B is not on title.

Situation 1: They cohabit for 8 years, do not get married
result: House does not get split. A gets to keep 100% of the precohabitation value of the house. Onus on party B to prove a share of post-cohabitation increase.

Situation 2: They cohabit for 7 years, get married for a month and realize that it is not working out and separate.
Result: House is split 50-50, no unequal split possible because it is more than 5 years

Situation 3 They are married for 4 years, no premarriage anything.
Result: Unequal division of house possible, onus on party A to prove it

Situation 4: They are married for 2 years, cohabitated for 4 years.
Result: House is split 50-50, no unequal split possible

Is the above correct?

Oh, and for fun...

Situation 5: They live together for 15 years, split for two yeasr due to a big argument, then are married for 3 years, then separate.
Result: My guess is that a judge would just order 50-50, but technically would it be open to an unequal split?
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