After Commom law break-up-new relationship.

[zimyola]

I have a new Question.

One of my family members separated from their common law partner over a year ago (he never wanted to marry again- was married once). The other party is getting married- A very quick courtship (obviously). Does getting married interfere with their dispute over finances and property dispute?. He has yet to go to court for any claims on the finances/loans made during the relationship.

Thank you...take care.

[NBDad]

Zero, zip, nada.

Only time it might be relevant is

1. If the ex stops working, or reduces their employment due to being supported by the new spouse. (Response: Impute them an income based on what they are capable of making OR that their new spouse's income be used for the "household income" for this determination)

2. If the ex claims hardship on why they cannot meet their end of the financial obligations. (Response: ALL adults over the age of 16 in BOTH households will have their income and financials tossed into the calculations to figure out whether the situation merits the hardship criteria).

Unless you are dealing with EITHER of those situations...the ex could marry a damn multi billionaire, and it'd still have no relevance.

[zimyola]

Just just to be clear....he was just hit two weeks ago with the upcoming marriage to her new guy "fiancé". She kept asking him to give her time and she would pay back the money he loaned her and contributed to the home. He now feels that she was just buying time until the wedding. His ex must believe that she does not have to pay him anything once married because the home will be the matrimonial home. Lost his entitlement. This make no sense to me since he paid her the loans during their relationship and loaned her another $20,000.00(+) for upgrades to the home- which she has to pay back!

So, she is obligated to pay back loans (investments) since one has nothing to do with the other?. She could have got married an hour after they broke up and would still have to reimburse him!(?)...

Thank you.

[Exquizique]

How long was your friend and his ex together? The relationship aside, is there any DOCUMENTATION of your friend's loan amounts and purpose (eg. upgrades to the home) to his ex at all?

[Tayken]

2. If the ex claims hardship on why they cannot meet their end of the financial obligations. (Response: ALL adults over the age of 16 in BOTH households will have their income and financials tossed into the calculations to figure out whether the situation merits the hardship criteria).

Now, this is something I didn't know about undue hardship claims. All adults even over 16. I never knew the threshold for "dependents" was 16 in an undue hardship matter.

Tayken

[zimyola]

I know he has cash withdrawals, and Credit card advances. As well as he sold one of his cars and gave her the majority of the money to use towards the renovations...etc.

[torontonian]

Big difference between gifts and loans - unless he has a paper trail, there's no proof she owes him (except morally of course). Sorry.

[Tayken]

So, she is obligated to pay back loans (investments) since one has nothing to do with the other?. She could have got married an hour after they broke up and would still have to reimburse him!(?)...
Thank you.

If the other party to the matter can produce the evidence that loans were provided they have to be paid back. Common law marriages are not governed under the same rules for equalization of debt and assets. What is yours is yours and what you owe you owe. If you owe the other party for a loan and that party can produce the evidence, you will be court ordered to pay the loan.

Furthermore, yes, the other person in the relationship could have gotten married the next minute after separation in a common law marriage. If you owned a home together, the other person could have moved their new wife right into the home if they wanted to. Furthermore, you can have the other person evicted after 60 days notice if they have no ownership in the home.

It is a "common" in "law" relationship. Common in law... Not the law. Common in tax law mostly. (And custody and access but, that is paternity law really.)

Good Luck!
Tayken

[Tayken]

Big difference between gifts and loans - unless he has a paper trail, there's no proof she owes him (except morally of course). Sorry.

Key point is evidence. But, on "joint" financial accounts generally the debt is divided when people in this situation are reasonable. You can penny wise pound foolish your way through it though and give all the money to lawyers instead too.

Good Luck!
Tayken