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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 10-28-2006, 09:41 AM
shlaba shlaba is offline
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Default common law seperation

I have been in a realitionship for just over 2 years and things have gone downhill and we are seperating. She has 2 children that i have been supporting for the entire time but the house is in her name. I just need to know if anyone can help me with any information so I don't leave this relationship with nothing(she pays mortgage I pay everything else).
Please help!!!
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Old 10-28-2006, 11:52 PM
logicalvelocity logicalvelocity is offline
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shlaba,

welcome to the forum,

as you mentioned,

Quote:
I have been in a relationship for just over 2 years and things have gone downhill and we are separating.
If your in Ontario, to be considered common-law spouses for support purposes , you have to cohabit continuously for a period of at least three years or live together and have a child together for less time.

Quote:
She has 2 children that i have been supporting for the entire time but the house is in her name.
If this continues, and if you do separate, you may be faced with a claim of child support against you especially if you acted as a parent to these children.

The house is in her name, hence she's owns it. You might have some merit in an unjust enrichment claim if the relationship goes beyond three years, but I believe it would be a minimal claim. On the other hand, if the relationship continues, you may be faced with some claim against you for spousal and child support. Those are the pros and cons. It might be best to leave now rather than wait it out.


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