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Search: Posts Made By: HalifaxGuy
Forum: Common Law Issues 12-11-2017, 04:47 PM
Replies: 32
Views: 7,034
Posted By HalifaxGuy
With marriage, marital assets get divided amongst...

With marriage, marital assets get divided amongst the divorcees. What defines a marital asset depends on the family law in your province. Some provinces only consider assets acquired during the...
Forum: Financial Issues 10-05-2016, 03:11 PM
Replies: 14
Views: 1,526
Posted By HalifaxGuy
All good skills to have, but more is required....

All good skills to have, but more is required. Some people are terrified of public speaking. Some people get stressed out easily. Some people are not very good at acting off the cuff. Some people are...
Forum: Financial Issues 10-05-2016, 02:56 PM
Replies: 4
Views: 743
Posted By HalifaxGuy
Short answer: yes. Long answer: You have...

Short answer: yes.

Long answer: You have to report RRSP withdrawals on your tax return, which is included in your total income (line 150 of your tax return) for the year. The amount reported on...
Forum: Common Law Issues 10-05-2016, 02:37 PM
Replies: 15
Views: 4,558
Posted By HalifaxGuy
I disagree. I can see how one would come to that...

I disagree. I can see how one would come to that conclusion using logic; however, I don't believe the family court is in the business of taking money from the lower income earner and giving it to the...
Forum: Common Law Issues 10-04-2016, 03:54 PM
Replies: 15
Views: 4,558
Posted By HalifaxGuy
I get what you're saying, but it's more than "on...

I get what you're saying, but it's more than "on paper". The paper you are referring to is a legal document of property ownership. Therefore, provided they entered a joint tenancy arrangement, she...
Forum: Divorce & Family Law 09-30-2016, 04:02 PM
Replies: 12
Views: 1,225
Posted By HalifaxGuy
Perhaps I didn't communicate that properly. I was...

Perhaps I didn't communicate that properly. I was not implying that an agreement without counsel is unconscionable. My intent was to say that an unconscionable agreement can be set aside. And not...
Forum: Divorce & Family Law 09-30-2016, 03:39 PM
Replies: 12
Views: 1,225
Posted By HalifaxGuy
So you didn't get independent legal advice prior...

So you didn't get independent legal advice prior to signing it? If that is the case, that's not good.



That's not a good sign! That's why independent legal advice is important. Had she sought...
Forum: Financial Issues 09-30-2016, 03:15 PM
Replies: 10
Views: 1,071
Posted By HalifaxGuy
You were married so the matrimonial home is split...

You were married so the matrimonial home is split regardless of who or how it was paid. You could of paid for the house 100% and it would still be equalized between the both of you.

The fact that...
Forum: Divorce & Family Law 09-30-2016, 11:43 AM
Replies: 7
Views: 808
Posted By HalifaxGuy
He`s just using the words of the court, which is...

He`s just using the words of the court, which is a good practice to get used to. He wouldn`t want to tell the court that CS is just privatized welfare, nor that he`s promptly reporting income changes...
Forum: Common Law Issues 09-30-2016, 09:23 AM
Replies: 16
Views: 4,079
Posted By HalifaxGuy
Common sense says you're correct; however, the...

Common sense says you're correct; however, the fact that he acted in place of a parent (locus parentis) likely throws a horseshoe into your assessment. I'm not saying I disagree with you in...
Forum: Common Law Issues 09-29-2016, 04:10 PM
Replies: 15
Views: 4,558
Posted By HalifaxGuy
There is no division of property in common law...

There is no division of property in common law relationships, but your situation doesn't technically involve the issue of common law vs. marriage; rather, her name is on the deed, so she is a legal...
Forum: Common Law Issues 09-29-2016, 03:02 PM
Replies: 16
Views: 4,079
Posted By HalifaxGuy
I'd love to see some case law in this regard too....

I'd love to see some case law in this regard too.

I'd have to check, but it is possible that my friend shared his bank account with her. If the RRSPs were funded through a jointly owned bank...
Forum: Common Law Issues 09-29-2016, 02:09 PM
Replies: 16
Views: 4,079
Posted By HalifaxGuy
Unfortunately, I believe Janus has a point. ...

Unfortunately, I believe Janus has a point.

Agreed, equalization rights do not exist in common law relationships; however…

It’s not a stretch to say that her career suffered because of her...
Forum: Common Law Issues 09-29-2016, 12:00 AM
Replies: 16
Views: 4,079
Posted By HalifaxGuy
You keep using the term "married" for my friend's...

You keep using the term "married" for my friend's situation. They were not married.

Perhaps her career did suffer. Perhaps his did too? If the conclusion is that he did act in place of a parent,...
Forum: Common Law Issues 09-28-2016, 10:42 PM
Replies: 16
Views: 4,079
Posted By HalifaxGuy
She did not sacrifice her career to take care of...

She did not sacrifice her career to take care of the child. She worked full time during the entire relationship and progressed to a management position. She currently makes about $95K per year. As I...
Forum: Common Law Issues 09-27-2016, 11:32 PM
Replies: 16
Views: 4,079
Posted By HalifaxGuy
My thoughts exactly. Her career was never...

My thoughts exactly. Her career was never impacted, so no compensatory claim, and she makes $95K/year, so I can't see how she could successfully argue a "need" for more, which eliminates a...
Forum: Common Law Issues 09-27-2016, 03:53 PM
Replies: 16
Views: 4,079
Posted By HalifaxGuy
Treating Common Law like Marriage

Good day folks.

I've been reading this forum on/off for years and I thought I had a good grasp on how the courts approach common law relationships; however, a friend is currently ending a long...
Showing results 1 to 17 of 17

 

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