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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 12-31-2007, 12:35 AM
c_bro c_bro is offline
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1) Wow, it's been a battle from hell and it's just the beginning. Brief, brief background info as my new book is way to long. CL for 10years. 3 of our kids under 9. Out of blue she wants to split. House has both our names on it. I put 7g deposit down, paid my money on fence, deck, finished basement, lawyer fees for house, hot tub and central air. I had an appraisal done and the walk away profit is 100g. Since I paid for all these costs with m own money, does she still get half the profit?

2) I am hoping to buy her out. Can the courts force me to sell? I will be given full custody Feb7/07 of my kids. I can't take their only security blanket away by losing the house. Any ideas?

3) My CL wife and I had never shared a bank acount. She had never paid for one mortgage payment from any of her paycheques. She had lost her job in Jan/07 as a nurse due to stealing narcotics from her patients. She has chosen not to work. I have been paying all the bills. She announced split Sept 15/07 and still lives in house. I know she has a right to stay. She totally ignores me and treats me like garbage. Over 10years she had stayed home for 1.5years for mat leave. We equally shared parenting role as my job allowed me to work and home while she worked from 630am to 4pm 3-6days per week. Yes I am MR. MOM. Does she still get half the houses' profits.

4) Every single furniture is in my name and has been purchased by me. I hae receipts for everythng. Can I say that my assets are secure for me and my kids?

5) The longer she mooches off me, the less payout I owe her, is ths true?

Ask me questions if needed, I live in Ontario.
Old 01-18-2008, 05:44 PM
Heart-broken dad Heart-broken dad is offline
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Well, since you're CL, there's no spousal support to be paid, and being CL means that anything that you buy, and bring into the relationship, you get to take with you.
Old 02-04-2008, 05:07 PM
c_bro c_bro is offline
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FYI, I know that your answer is correct, but worries continue to rise
Old 02-04-2008, 07:23 PM
logicalvelocity logicalvelocity is offline
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The law is clear on spousal support in Ontario for common law relationships;

See PART III of the Family Law Act, R.S.O. 1990 c. F.3, particularly Section 29.



29. In this Part,

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

Old 02-06-2008, 12:11 AM
c_bro c_bro is offline
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So does anyone know how mortgage separation/division works. I have 100,000 in equity and both names on mortgage. She has never paid for 1 payment over the 10 years. She also hasn't been working for 14months and hasn't contributed to the household expenses.

Old 02-06-2008, 11:35 AM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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This link is to a sight with some very good info on CL unions that have disolved and what parts of the Family Law act apply, and which ones to use for asset splitting.
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