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Common law spouses before marriage - relevant to equalization?

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  • Common law spouses before marriage - relevant to equalization?

    My ex and I cohabited for 6.5 years, but were married for only 1.

    According to the definition of a spouse, we were spouses after 3 years of cohabitation.

    June 2011 - Began living together
    June 2014 - Became legal spouses/common law
    September 2016 - Married
    Oct 2017 - Separated

  • #2
    What assets did you have? Did you buy a house together? Did you have joint debts?

    There’s a sticky on common law that might have some info.

    Comment


    • #3
      Originally posted by rockscan View Post
      What assets did you have? Did you buy a house together? Did you have joint debts?

      There’s a sticky on common law that might have some info.
      Yes, we bought a house together in June 2012.

      The only joint debts were the mortgage, and home equity line of credit.

      I don't see the sticky you mentioned.

      Comment


      • #4
        Common law spouses before marriage - relevant to equalization?

        Then it should be pretty straightforward. The value of the house less the debts split in half.

        I think the only way it would have an impact is if you had bought the house prior to her moving in. Then it would simply be the increase in value from that date to date of separation. (Not a lawyer though).

        ETA: theres a whole section with threads Common Law Issues
        https://r.tapatalk.com/shareLink?sha...&share_type=sf

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        • #5
          Sorry, the issue is question isn't the matrimonial home.

          It's personal banking accounts, and RRSPs.

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          • #6
            Pretty sure they are simply shared assets. Once you get married, whats yours is hers.

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            • #7
              What about children..

              I think the question is about the assets before marriage but during common law cohabitation. Are RRSP and pensions calculated from date of marriage or date of cohabitation as common law partners. Does children affect this? For example, we cohabitated for one year,bought a house jointly the next, had two children within 2 years and married the following year. Where does it all begin?

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              • #8
                Originally posted by backinthesaddle View Post
                I think the question is about the assets before marriage but during common law cohabitation. Are RRSP and pensions calculated from date of marriage or date of cohabitation as common law partners. Does children affect this? For example, we cohabitated for one year,bought a house jointly the next, had two children within 2 years and married the following year. Where does it all begin?
                I believe you have to prove 'constructive trust'. Thankfully, in my ex's initial Financial Statement, they didn't include a valuation for the RRPs on the date of marriage. This implies a constructive trust, and therefore any further submission otherwise in subject to an estoppel.

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                • #9
                  Common law spouses before marriage - relevant to equalization?
                  The short answer: no. If you live with someone for 1 year, then are married for 20 years, then you have 20 years worth of asset accumulation to divide as part of equalization. If you lived together for 20 years, then are married for 1 year, then you only have that one year of assets to divide.

                  There can be a trust claim based on unjust enrichment, however that is a difficult and expensive claim to pursue.

                  Pretty sure they are simply shared assets. Once you get married, whats yours is hers.
                  No.

                  Ownership of property does not change. All that occurs, after a marriage, is one spouse has a debt to the other for one half of the net worth they gained over the other spouse. It does not convey any right to property. And, if you start a marriage with 5mil in the bank, stay married for 20 years, then divorce with 5mil in the bank then there is no gain to share.

                  Are RRSP and pensions calculated from date of marriage or date of cohabitation as common law partners.
                  Date of marriage.

                  Does children affect this?
                  No.

                  my ex's initial Financial Statement, they didn't include a valuation for the RRPs on the date of marriage. This implies a constructive trust
                  The only thing this implies is they were sloppy in the preparation of their early financial statements if they include this information later.

                  and therefore any further submission otherwise in subject to an estoppel
                  I would not count on it.

                  Comment

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