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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 09-06-2006, 01:45 AM
cari cari is offline
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Default What are my rights?

Hi,
I have been in a common law relationship for 8 years. He's an engineering designer and makes over 40K a year, I am a waitress, I make about 12K, although he made me split all the bills. I could only work days, not weekends either as I had to maintain the household IE) cook, clean, shop, yard work and snow removal etc. i could not take upgrading as that would cut in to HIS time, and cause a lapse in my duties. I found out that I have a shellfish allergy and was told by the hospital that i could no longer work around any kind of shellfish as it was now life threatning. Two days later he left me for another woman whom he was romancing in secret. Now him and his parents tell me that they want to put the house up for sale in under two weeks and i had better figure out what i am going to do and where i am going to live. I was let go from my job due to my allergy so now am unemployed and broke. he is staying with friends and his new girlfriend. The house is in both our names, and we had recently taken out money for upgrades. I want to go ahead with the upgrades as i have been doing alone during the past two weeks. Can they kick me out, he is making me take the pets as well, and am a I eligable for spousal support? I don't know anything, his parents tell me I have to leave and that it is better for everyone to just get this over quick and easy. help.
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Old 09-10-2006, 01:21 AM
logicalvelocity logicalvelocity is offline
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Cari,

welcome to the forum

Quote:
I have been in a common law relationship for 8 years. He's an engineering designer and makes over 40K a year, I am a waitress, I make about 12K,
In Ontario, the applicable law for spousal support purposes in common law relationships is The Family Law Act R.S.O. 1990 c. F.3. see section 29 of the respective act, which can be found here


http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK32

as listed

29. In this Part,

“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne à charge”)

“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,

(a) continuously for a period of not less than three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).

With that backdrop and if you lived continuously together more than 3 years in a common law relationship, I suspect you would be entitled to spousal support considering each parties respective income.

Quote:
I found out that I have a shellfish allergy and was told by the hospital that i could no longer work around any kind of shellfish as it was now life threatning.
Get this issue documented well by your physician. However, the courts would not see this as a disability.

Quote:
Two days later he left me for another woman whom he was romancing in secret.
Infidelity hurts, However, it is irrelevant to the issues.

Quote:
Now him and his parents tell me that they want to put the house up for sale in under two weeks and i had better figure out what i am going to do and where i am going to live.
If his parents are not on the property title, it is none of their business. Don't be coerced by them. At law, if you are on title, your an owner and if you don't feel comfortable in selling right away, you don't have to. Be aware that they cannot even list the property with a Realtor without your signature.


Quote:
I was let go from my job due to my allergy so now am unemployed and broke.
I suspect you may be entitled to EI and you should apply for same in consideration of the reason why you were let go from your position. If EI gives you a hard time appeal their decision.

Quote:
Can they kick me out,
No they can't. The only way they can is if they take the matter before the courts and are successful on a order for sale of the home. This will take a few months as they would have to start a case by way of an application, approximately 2 months will elapse before a first appearance, you will also have to serve an answer to their application once received. If they harass you in the interim, lay a complaint with the police.

Quote:
I don't know anything, his parents tell me I have to leave and that it is better for everyone to just get this over quick and easy. help.
First off, don't trust HIS parents or HIM!. They are looking out for their son.

In light of the circumstances, I would go visit your local legal aid office and apply for legal aid. If you are successful, they will give you a list of lawyers that accept legal aid certificates which you could subsequently visit and retain. The main criteria for spousal support is that one spouse has means and the other has need. I also suspect you may be successful in a unjust enrichment claim against your ex. These are issues, you really need to discuss with a lawyer.

Other issues you will have is CPP pension credits division - all credits earned by the parties during cohabitation are up for equal division. Perhaps your ex may have been contributing to a supplementary pension plan which I suspect you would be entitled to a share of the contributions.




lv
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