Common Law money separation

[amo]

I have been in a common law realationship for 27yrs. We have a 19 yr old son, and have a house in both of our names. My partner's parents died a few years ago and left us money. We have been able to pay off our house and were deciding what investments to do when he began having an affair. It now seems that we are going to spit up.
What I am not sure is if I am entiteled to any of the money his parents left. I believe our house would just be divided as it is in both of our names. I am also not sure if there would be child support our son lives at home and attends University.
Any advise would be great. Thanks

[blinkandimgone]

Child support yes - as long as he's a full time student and living at home.

Inheritance - unless it was specifically named to both of you, you aren't entitled to any of his inheritance. As well, he may be entitled to compensation for his contribution of inheritance money towards the house if he can show that there is a paper trail for that money specifically going to pay off the house. If it went into a joint account and random payments were made then he would be hard pressed to get that back I think.

[amo]

We have done a separation agreement which he states that the house is to be divided equally between us. Do I have any claims towards his pensions which are mutual funds, or GIC's?

[KanataKathy]

Originally Posted by amo

We have done a separation agreement which he states that the house is to be divided equally between us. Do I have any claims towards his pensions which are mutual funds, or GIC's?

Did you contribute towards his pensions? Then, yes.

[amo]

Our funds were always put together. His deductions were taken directly from his pay cheques.

[KanataKathy]

Not knowing all the details, I'd hazard to say that you have neither a legal nor moral claim to his pension...

[representingself]

Originally Posted by KanataKathy

Not knowing all the details, I'd hazard to say that you have neither a legal nor moral claim to his pension...

What are you basing this comment on then?

[amo]

I'm not sure moral claims mean anything when someone has been deceiving you for over a year. I just want to know legally in terms of our funds if I am entitled to anything beyond our house. We have never divided any payments and all of our bills were just paid from our joint account.

[dadtotheend]

When inheritances are comingled into jointly held assets or used to pay down a joint debt, they lose their special status. You may have a claim on the inheritance as it was used to pay your joint mortage. Effectively there is more joint equity to split.

If you're going to dismiss the morality of particpating in his inheritance because he was deceitful, isn't that a moral penalty you seek to exact because of his conduct? I wouldn't try using that argument in court.

[amo]

Do I have any claim on his mutual funds, GIC's and RSP's. These were all done during our relationship and were either deducted from his pay or made from our accounts.
Also I own a business and have some debts does he have to contribute to these?