Announcement

Collapse
No announcement yet.

Wishful thinking

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wishful thinking

    Feel stupid asking this, but a friend put it in my head the other day. Thanks to my SS & changes in income & bad money management I'm looking at a consumer proposal or bankruptcy. They want my common laws financial info which is not going to happen. To the question. Can I be CL even though I'm not divorced. This is wishful thinking more than anything but I had to ask.
    Thanks

  • #2
    James39,

    as you mentioned,

    Can I be CL even though I'm not divorced. This is wishful thinking more than anything but I had to ask.
    The answer is yes if your located in Ontario. See the Family Law Act R.S.O. 1990 c. F.3

    Section 1 - Definitions

    “cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”)

    -and-

    spouse” means either of two persons who,

    (a) are married to each other, or

    (b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”) R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1); 2005, c. 5, s. 27 (1, 2); 2006, c. 19, Sched. C, s. 1 (1, 2, 4).


    If either one of the above thresholds has been met, you would be considered commonlaw spouses and could also be married to another individual.


    lv

    Comment


    • #3
      Although you are indeed able to be CL and not legally divorced, your CL spouse does not have to offer financial info if she is not a co-debtor.

      If all or most of the debts are in your name only, your spouse may not have to file. Creditors usually cannot pursue a non-filing spouse, unless he or she is legally a co-debtor on the debt. Additionally, the bankruptcy should not be reflected on the non-filing spouse's credit report. The law may vary, however, ask a bankruptcy attorney about whether or not your spouse has to file.

      I'd ask someone not associated to your claim.

      Comment


      • #4
        James39,

        Perhaps this site may be useful

        http://www.bankruptcycanada.com

        lv

        Comment

        Our Divorce Forums
        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
        Working...
        X