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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 05-17-2006, 01:15 PM
danny boy danny boy is offline
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Post common law issues

Greetings All
I'm new to this forum & desperately looking for any advice as I am currently at wits end with my (on again/off again) partner of 8 yrs. We have a precious 2 yr old child that I love & adore. Unfortuately, the past 3 years have been extremely taxing on our relationship & we have parted ways in Oct. 05, although remain cohabiting in our home together. I'm inquiring what are my responsiblities ( child support, of course is not a question). When we bought the house she put down $6000 & hasn't paid a cent in the last 4 yrs for anything, (although she works as well). It was my families home & as a gift my parents dropped $40K of the evaluted price (ie. valued at 180K & I got it for 140K). Both our names our on the mortgage. I have gotten in debt over the past several yrs, while I find out she has 12K in savings. (We have separate accounts). She feels she entitled to half the home & none of the debt & will not leave until the home is sold. Can any one provide any assistance...PLEASE! Thanking you in adavance for assistance you can provide.
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Old 05-17-2006, 03:01 PM
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hubby hubby is offline
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All assets and debt incurred during the marriage up until the seperation date is to be divided 50/50.

Any gifts brought into the marriage can be exluded.

I believe the 40$ gift dumped into the house would not constitute a gift anymore. It may have been when it was given to you, but then that was turned around and used to buy a matrimonial home. Lets wait to see what the other have to say ok?

Hubby
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Old 05-17-2006, 07:03 PM
logicalvelocity logicalvelocity is offline
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I agree with Hubby

LV
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Old 05-17-2006, 08:14 PM
danny boy danny boy is offline
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Question common-law assistance/spousal support

Thank you so much for your time & wisdom. Do I understand that our relation, with respect to the above issues (basically dividing of assets & debt), is considered the same as a married couple, eventhough we are common-law. It's a difficult pill to swallow that you work your butt off for years, pay all the bills, & still required to support your ex-partner. How long does one have to pay spousal support? Surely it's not a life sentence. just feels like one.
Thank you for the comfort knowledge can provide. As this is the most difficult time in my life.
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Old 05-17-2006, 08:38 PM
logicalvelocity logicalvelocity is offline
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dannyboy,

The main criteria for spousal support is that one party has NEED and the other party has MEANS or ability to pay.

There is a whole list of factors that determine quantum once need and means has been established. The list is found in the family Law Act, R.S.O 1990, c. F.3
http://www.e-laws.gov.on.ca/DBLaws/S...sh/90f03_e.htm

Take a look at Part III - support obligations



LV
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Old 05-18-2006, 01:43 AM
bearall bearall is offline
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Default Respectfully disagree with Hub and LV

Differences

What are the main differences upon separation between being married and being in a common law relationship


1. Division of property. Upon a marriage ending, there is an automatic right to equalize family property acquired during the marriage. However, if you are in a common law relationship, you have no such right in Ontario. Instead, you must rely on the nebulous legal concept known as “unjust enrichment” - you must show that your common law partner was unjustly enriched at your expense. This is one of the most complicated areas in Canadian family law. As well, because it is so complicated, and there are no clear rules, it becomes very expensive and time-consuming to enforce your rights, and often people are unable to do so.
2. Possession of the matrimonial home. Upon a marriage ending, there is an automatic right to stay in the matrimonial home, even if it is not in your name. You have no such right in a common law relationship in Ontario - if your name is not on the home, you could simply come home one day and find yourself locked out.
3. Special treatment of the matrimonial home. If you are married, your matrimonial home is treated differently when dividing property in Ontario. Normally, when your marriage ends, the value of any property you owned when you married is yours -- it is not divided. This is not the case with the matrimonial home. If you own a home on your wedding day, your home is automatically divided between you and your spouse. This is not the case in a common law separation.
4. Spousal support. If you are married, you have an automatic right (or obligation) to receive (or pay) spousal support upon separation. If you are living in a common law relationship in Ontario, you do not obtain this right until you have lived together for three years, or are living in a relationship of some permanence and you are the natural or adoptive parents of a child.
5. Time limit to apply for spousal support. If you were married, you always have the right to apply for spousal support, no matter how long has passed since you separated. If you weren't married, you need to ensure that you apply for spousal support within 2 years of separation.
6. Orders restraining depletion of property. If you are married, and you believe that your partner will make his or her money disappear so that you can't divide the assets, you can get a court order stopping them from doing that. However, you have no such right in a common law relationship.
7. Succession rights on intestacy. If you are married, and your partner passes away without a will, you automatically receive a share of your partner's estate. If you were in a common law relationship in Canada, you have no right to get anything. Instead, you must bring a claim for unjust enrichment against your partner's estate.
8. Equalization payment on death. If you are married, and your spouse does not give you a fair share of his or her assets in their will, then you have a remedy against this, namely asking for an equalization payment from your partner's estate. If you weren't married, you have no such right, and must rely on the nebulous legal concept known as "unjust enrichment."
Click here to find out the main similarities upon separation between marriage and common law relationships in Canada.
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Old 05-18-2006, 08:09 PM
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dannyboy mentioned,

Quote:
although remain cohabiting in our home together.
I just have to comment that I believed the property (matrimonial home) was JOINTLY owned.

Quote:
Both our names our on the mortgage.
Another suggestive statement that the home is jointly owned. Hence equal division because it is jointly owned.

Quote:
I'm new to this forum & desperately looking for any advice as I am currently at wits end with my (on again/off again) partner of 8 yrs. We have a precious 2 yr old child that I love & adore.
I believe they are/were in a relationship of some permanence and have a child together opening the door for spousal support entitlement.

Once they have established the threshold that spousal support applies in the circumstance, ie: 3 year rule cohabitation in a relationship of some permanence or a child is born under the 3 year rule, there is no difference between married and common law; a party first has to establish need and the other party has to establish means. to be entitled to receive spousal support.

As far as debts, without further information ie:
are they community debts, did both parties sign for these debts,
was the debts incurred as a result of improvement to the matrimonial home etc, It is difficult to assess without further information

The one spouse's savings - If the money is in their own account, by default she owns them. If the other party felt they should be somewhat divided, then yes they would have to show unjust enrichment.

CPP credit splitting entitlement - 1 year of cohabitation in a common law relationship or marriage

With a pension such as Superannuation - division is allowed after it has been established 1 year co-habitation in a common law relationship

http://www.tbs-sct.gc.ca/pubs_pol/hr...ons/PBDA_e.asp

The Pension Benefits Division Act

The Pension Benefits Division Act (PBDA) is now in force. It provides for the division of pension benefits accumulated under any of the federal Public Service pension plans in the event of a marriage or common-law relationship breakdown.

The questions and answers that follow provide a general description of the Act and its regulations and indicate how to obtain further information.

The purpose of this document is to provide a brief description
of the program. Please refer to the Pension Benefits Division Act
and Regulations for the actual conditions that apply.

Q. What does the Pension Benefits Division Act (PBDA) do?

A. The PBDA provides a mechanism for dividing pension benefits acquired under a federal Public Service pension plan between the plan member and his or her spouse or former spouse on the breakdown of their marriage or common-law relationship.

Q. Which federal Public Service pension plans are subject to the PBDA?

A. The PBDA applies to the Public Service pension plans provided under the following Acts: the Canadian Forces Superannuation Act; the Defence Services Pension Continuation Act; the Diplomatic Service (Special) Superannuation Act; the Governor General's Act; the Lieutenant Governors Superannuation Act; the Members of Parliament Retiring Allowances Act; the Public Service Superannuation Act; the RCMP Pension Continuation Act; and the RCMP Superannuation Act.

Q. Who is eligible for a division of pension benefits?

A. To be eligible, spouses must be divorced or living separate and apart for at least one year. They must also have a court order or written spousal agreement providing for the division of the member's pension benefits under the pension plan between the member and the spouse or former spouse.

Q. Are common-law spouses who have separated from a member eligible for a division?

A. Yes, as long as the common-law relationship lasted for a minimum of one year and the member and the common-law spouse have lived separate and apart for at least one year. There must be a court order or a written spousal agreement that provides for the division of the member's pension benefits.

LV
  #8  
Old 04-17-2010, 12:55 PM
markaram markaram is offline
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Default Court orders

Hi Everybody
well I find that family law is so complicated
that it could make your head spin and you
don't know for sure what is right and wrong.

does anyone know how long it would take to
get a court order to sell a jointly owned house
in a common law relationship.
my partner refuses to sign a cohabitation agreement
now after agreeing in the past to sign one.
Im thinking about getting out earlier rather than
later. The relationship can be very good but has
unresolvable issues.
Mark
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Old 04-19-2010, 09:30 AM
KanataKathy KanataKathy is offline
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Mark;

I believe it can take 6-12 months for a petition for partition and sale to be heard by the court, at least in Ontario.

.K
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Old 04-19-2010, 08:25 PM
markaram markaram is offline
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Default oh boy

thats too long, I was hoping for something like
one month so the house can be sold.
is there a hearing before the court where both
partners can say there views and ask questions?
would that be part of the court order to sell a property
process?
thankyou
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