This is what a female lawyer told me after an hour and half consultation. I think you guys forgot about the fact that this relationship is considered and can prove it as Family Law Venture.
Joint Family Venture
A court can make a finding that a joint family venture exists. The court can base this on the conduct of unmarried domestic partners. A joint family venture may be inferred where parties:
i. accepted themselves as equivalent to married
ii. held themselves out as married
iii. lived in a lengthy stable relationship and held title jointly or, if alone, showed little concern on living financially separate
iv. made plans for property distribution on death (made wills together)
v. collaborated on common goals, pooled efforts, raised children, were economically integrated.
The courts will also consider the length of the relationship. Not every common law relationship is automatically a joint family venture.
The court can award the non-owner spouse a share of the property, if a joint family venture is found. This can occur regardless of who may have purchased the property or who is the registered owner of the property.
A court can make a finding that a joint family venture exists. The court can base this on the conduct of unmarried domestic partners. A joint family venture may be inferred where parties:
i. accepted themselves as equivalent to married
ii. held themselves out as married
iii. lived in a lengthy stable relationship and held title jointly or, if alone, showed little concern on living financially separate
iv. made plans for property distribution on death (made wills together)
v. collaborated on common goals, pooled efforts, raised children, were economically integrated.
The courts will also consider the length of the relationship. Not every common law relationship is automatically a joint family venture.
The court can award the non-owner spouse a share of the property, if a joint family venture is found. This can occur regardless of who may have purchased the property or who is the registered owner of the property.
<TABLE><TBODY><TR><TD class=label>Case name:</TD><TD class="metadata title">Kerr v. Baranow</TD></TR></TBODY></TABLE>
SCC Cases (Lexum) - Kerr v. Baranow
But, it will backfire on her, as how can I move out if she is not helping in any way, by taking the credit card which is on both names, and I used to pay for it as well.
Now, I am unemployed and actively looking for a a steady job, and she is to blame for me not being functioning as she is pressuring too much
Yes, it would be an uphill battle but she has more to lose than me, as she is not being nice and no one is above the law.
I believe she needs a reality check, and if I get a lawyer this case can be built very strong, as she is shown her true colors, aggressive, violent, abusive, bully and threatening to kill herself whenever I speak about our rights, more specifically mine, and it this is a form of distortion....
Plus, I am 48 and have multiple health issues, and she is triggering chest pain and that is an abuse in my book as she is negating my rights and using strong language with me as I am a peaceful man,
Plus, I am 48 and have multiple health issues, and she is triggering chest pain and that is an abuse in my book as she is negating my rights and using strong language with me as I am a peaceful man,
I have documented my anxiety and panic attacks caused by her by depriving from the use of the car, and am broke and anything I make goes into the house and for our daughter.
I need to say that this is for the best of our daughter, and it is hers. She could end up paying child support, but that is not really my concern.
I need to stop her from trying to evict us. I also need to start a legal process in order to request interm spousal support.
I believe she would look bad, as I have really multiple health issues and all documented and have a doctor's note.
You definitely have a very interesting case and it will be fascinating to see how you handle it and the outcome. Good luck!
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