Common-law relationship failing - Want to be fair!

[c5j3w]

I am (a male) in a common-law relationship that is failing horribly! I'm hoping to avoid the courts (or at lease legal fees) in order that we may each preserve as much of our cash and assets as possible.

I'm looking for advise and direction on what to expect. I am dealing with an alcoholic spouse, that can be unreasonable and difficult to deal with, especially during the drinking times (2-3 times per week).

Here's my circumstances:

Ontario couple, together 7 years. She has 2 children that are full time post secondary students. She received $0.00 from her husbands estate, as they were getting a divorce when (we met) and he died. He did have estate money that the children inheirited that will pay for their education (app. $80,000 each).

We both worked until recently (September 2006) when she quit her job (due to stress) to pursue a new career. Her total income prior to quitting was app. $50,000.00 / and she now earns app: $30,000.00 from various sources. I earn app. $100,000.00 last year but because of territory changes my future annual income will probably drop to $50,000.00 - $70,000.00.

We own a home together. We owe app. $150,000.00 between the mortgage and line of credit (the home is now worth app: $260,000.00) Each have a car worth app: $10,000.00 each. I have a pension and RRSP's totalling app. $90,000.00 which I have saved during the 7 years we have been together.

My questions are:

1.) What is the home split ? 50 / 50 ?
2.) What is my savings (Pension / RRSP) split? 50 / 50 ?
3.) Do I have any obligations for spousal support?

Any answers and advice would be appreciated!

[sufferer]

All i want to say is that "Take Emotional Support From The Members But Advise From The Moderaters(Andrea,LegalVelocity(Mr Awesome Advise)etc". I know how it feels to be in a separation and divorce mess but be strong and keep your sanity.Have you already decided about the child custody and access things.

[DadofTwoGirls]

Have a look at common law rules and laws in Ontario. I don't think it's the same as being married. There is a lot of info on the web. Google is your friend.

[c5j3w]

Thanks for your input. There are no child custody issues involved here. My main concerns are the splitting of assets.

I understand that all joint assets and liabilities are split 50 / 50 and everything in her name is hers and mine name is mine. That's very general but I would appreciate some confirmation on that.

Thanks!

[logicalvelocity]

c5j3w,

Jeff has an excellent resource found here that answers question 1 and 2.

http://www.common-law-separation-can...y-division.htm

As far as the support issues go, you could be liable for child support if you acted as a parent to the other parties children and for spousal support needs and means are the basic criteria. It appears on the face of it that you have means and the other party may have need due to the disparity between the parties income.

Unjust enrichment may also be an issue.

lv