Announcement

Collapse
No announcement yet.

Comon law?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Comon law?

    I have been in a common law relationship for 6 yrs we have had 2 children as the result of this relationship. I live in Windsor, ontario. Is it true that since we have 2 children together our seperation is treated like a marriage? Or is only the child support treated like a marriage, would spousal support be diffrent than a marriage?

    Any help would be great thanks

  • #2
    I believe the answer is yes, it is very very similar, matrimonial home divided as well as most assetts acquired while together. Except constructive trust which I understand to mean you each keep your RRSP's and such. Unless one or the other can prove they are entitled to it. They must prove why it is not automatic as in marriages. I believe spousal support is treated the same as in a marriage.

    Comment


    • #3
      website

      Check out the link to the sister site that involves common law separation.

      Short answer is yes she would be entitled to support - she has to apply for it within 2 years after separation though which is different then married couples.

      Comment


      • #4
        Hi there,

        There is really no such thing as a matrimonial home in common law relationships. With married couples, there would be an automatic 50% interest in the matrimonial home for each party, no matter who is on the deed. The same does not go for common law. If you are not on the deed, you could soon find yourself locked out of the house.

        I'm not sure if property division is an issue on your situation Common, but please check out the "property division" tab on the site that Jenny has suggested. It's a good idea to read up on unjust enrichment. The site will give you a definition of same, defences to it and examples of it.

        Child support is the same no matter what kind of relationship. This is because child support is the benefit of the child and has nothing to do with the relationship of the parents.

        Lindsay

        Comment


        • #5
          Common part 2

          Thanks for the great information and the help. One more question plz. I live in Windsor Ontario. Can you recommend a type of lawyer for my case. Divorce lawyer do? What should I look for in lawyer? What could be some mistakes that I may do in chosing a lawyer eg. goin for the shinnest advertisment. Any way I can check a lawyers standing? Also if you know of a good one in windsor ontario I would love to hear of them!!!

          Comment


          • #6
            Lindasy, I too thank you for clarifying the matrimonial home question, it's funny all through the various court proceedings and correspodence between lawyers after my own 14 common law relationship ended the home was always refered to as the matrimonial home. Thanks.

            Comment


            • #7
              Hi today,

              Technically your home would have been a matrimonial home -- matrimonial meaning conjugal and home meaning home (obviously) I can see common law couples and their lawyers using this term for the sake of convenience, especially when there are several properties involved.

              It is a common misconception that "matrimonial home" is assumed to be the home in which a couple resides and as such each party automatically has 50% interest. What I meant to say was that the "automatic 50% interest" concept that exists in marriages does not exsist in common law relationships.

              The only exception would be if common law partners were both on the deed, in which case both parties would of course have 50% interest.

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X