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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 02-04-2006, 02:57 PM
Ohnoes Ohnoes is offline
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Default Is she entitled to....

I just broke up with my Girlfriend, we lived together in my house for 4 months before i moved to Alberta(She's in NS)..I was here for 1 year and 3 months and then we broke up. My question is, were we technically commonlaw? And if so, is she entitled to any equity in my other home? She claims to be entitled to half, i'm really hoping she isn't, (I purchased the home on my own, and made all of the mortgage payments).. I apologize if this is in the wrong forum, i figured divorce was the most suitable.
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Old 02-04-2006, 05:26 PM
Sk8r Sk8r is offline
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For the purposes of Family Law - you would have had to lived together for 3 years to be considered common law.
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Old 02-05-2006, 12:48 PM
logicalvelocity logicalvelocity is offline
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each provincial jurisdiction has its own rule for determination of common law.

In Ontario in a relationship of some permanence and co-habituating for 3 years, and less than 3 years if a child was born of the relationship. This basically is for spousal support purposes.

Some federal laws such as itax and cpp credits division recognize 1 year co-habitation as the time frame to be considered common law designation.

Additionally employer sponsored benefit plan recognize the 1 year co-habitation as the time frame as common law designation.

If the house was in your name alone and you co-habitated for 4 months, I highly suspect she would not be entitled to 50% of the value of the home.

I would check with the appropriate Nova Scotia act that would deal with this situation to confirm.
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Old 02-05-2006, 10:23 PM
bearall bearall is offline
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Default Division of Property common-law

Supreme Court of Canada ruled 8-1 Walsh vs Bona with Nova Scotia appeal...... I doubt very much she would be entitled to any of the property but this is Wacky Wally World when it comes to family law
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Old 02-10-2006, 10:14 PM
Tim Tim is offline
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She is no way entitled to the equity other home even if you were living commonlaw.

Let her make all the claims she wants, no legal court will give her anything if she decides to pursue it that far.
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Old 02-13-2006, 05:49 PM
Decent Dad Decent Dad is offline
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Quote:
Originally Posted by bearall
but this is Wacky Wally World when it comes to family law
HEY! That's my saying...
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