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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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  #1  
Old 09-10-2006, 01:19 PM
mojo mojo is offline
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Default 21 year break up

My spouse and I have been in a 21 year relationship, living together for 20 years and have a 15 year old son. Our house is in both names, but the trailer and both vehicles are in his name. All I want is my car, and half of the house, is this possible?
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Old 09-11-2006, 12:19 AM
logicalvelocity logicalvelocity is offline
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mojo,

welcome to the forum


Quote:
My spouse and I have been in a 21 year relationship, living together for 20 years and have a 15 year old son.
At law in Ontario, you are considered common law spouses as you have lived together in a relationship of some permanence and have a child together.

The issues.

Quote:
Our house is in both names
You are a co-owner, hence you would be entitled to half the home or value of same along with half the liability against the home such as a mortgage lien etc if any. This is a given.

Quote:
but the trailer and both vehicles are in his name. All I want is my car, and half of the house, is this possible?
Half the house already belongs to you, as you are a co-owner and on title, so this is a non issue. However, I suspect you have some leverage.

Not sure of the facts, but, in a 20 year relationship, and depending on the income of both parties, I suspect you may be entitled to spousal support if one party has means and the other has need. I further suspect you could bring forward a unjust enrichment claim against the other party. In 20 years, I am sure they benefited substantially from your services etc.

If your car is in your name, it belongs to you.

Custody and access of your child.

Until an order from the court or a separation agreement providing otherwise, both parents have co-extensive custody of the child. When parents separate, and the child remains with one parent, the authority to act is suspended for the other parent, but not ended. Access survives and this would include access to information bearing on the health and welfare of the child.

Your child is still a minor, and child support is the right of the child. Table child support would prevail unless it was a shared custody regime where the child lived equally with both parents. I can't really say much more without knowing more facts.

Cpp credits division.

Canada pension plan credits earned by both parties during the 20 year relationship would be up for equal division.

lv
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Old 09-11-2006, 07:41 AM
mojo mojo is offline
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Default more information and questions

My son will be 16 in December, at that age can he decide who he wants to live with? And if he has the decision, does that nullify child support?
Also, what about other pension plans that my spouse has? Am I entitled to any of that?
As for spousal support, I work full time, as does he, but he makes about 10,000 more a year than I do at this time.
As for the car, it is in his name, not mine, but I would want him to transfer ownership to me (not that he would), but if problems arise with this could it not come under the terms of unjust enrichment. Payment for services rendered. Besides it's not like he could drive two vehicles at a time.
AT this point, I'm thinking I'm going to need a lawyer...right?
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