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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-27-2008, 07:52 PM
James39 James39 is offline
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Default Wishful thinking

Feel stupid asking this, but a friend put it in my head the other day. Thanks to my SS & changes in income & bad money management I'm looking at a consumer proposal or bankruptcy. They want my common laws financial info which is not going to happen. To the question. Can I be CL even though I'm not divorced. This is wishful thinking more than anything but I had to ask.
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Old 04-27-2008, 10:12 PM
logicalvelocity logicalvelocity is offline
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James39,

as you mentioned,

Quote:
Can I be CL even though I'm not divorced. This is wishful thinking more than anything but I had to ask.
The answer is yes if your located in Ontario. See the Family Law Act R.S.O. 1990 c. F.3

Section 1 - Definitions

“cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”)

-and-

spouse” means either of two persons who,

(a) are married to each other, or

(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”) R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1); 2005, c. 5, s. 27 (1, 2); 2006, c. 19, Sched. C, s. 1 (1, 2, 4).


If either one of the above thresholds has been met, you would be considered commonlaw spouses and could also be married to another individual.


lv
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Old 04-30-2008, 11:40 AM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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Although you are indeed able to be CL and not legally divorced, your CL spouse does not have to offer financial info if she is not a co-debtor.

If all or most of the debts are in your name only, your spouse may not have to file. Creditors usually cannot pursue a non-filing spouse, unless he or she is legally a co-debtor on the debt. Additionally, the bankruptcy should not be reflected on the non-filing spouse's credit report. The law may vary, however, ask a bankruptcy attorney about whether or not your spouse has to file.

I'd ask someone not associated to your claim.
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Old 04-30-2008, 03:50 PM
logicalvelocity logicalvelocity is offline
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James39,

Perhaps this site may be useful

http://www.bankruptcycanada.com

lv
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