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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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  #11  
Old 08-18-2012, 04:34 PM
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I would think that for the parents interest to be excluded from the matrimonial home the wife would have received ILA and waived her dower rights.

When I owned homes independent of my husband he had to receive independent legal advice to waive his dower rights. Even with him doing this he was still entitled to 50% of the increase of value from the time the house was purchased. Sometimes when people have homes for many years that 50% value of increase in purchase price can come down to more than what the house was originally purchased for.
  #12  
Old 08-18-2012, 04:52 PM
Kayal Kayal is offline
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Thanks to all who responded. Yes, I forgot my questions, I posted questions today. I am using this forum for the first time.
  #13  
Old 08-18-2012, 05:23 PM
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The parents did not actually invest anything into the purchase of the home. A judge would question, why on earth would you just "gift" half the home to them? As you say, it was out of respect. OK. But the judge would see it that the mat home was the mat home, 50/50 between you two.
  #14  
Old 08-18-2012, 05:51 PM
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Kayal, I have to ask - have you actually spoken with a lawyer yet?

Why is he saying your date of separation was in 1996? He moved back into the home, and presumably you have lived as a couple until 2012 (unhappily of course, but as a couple). I would think your date of separation would be in 2012. What you have filed with Rev Can as to matrimonial status has no true bearing on how the FLA will deal with property division.

And I agree with Mess - the parents invested no money, presumably held it in trust, the share was heired to the son on their deaths. It is your matrimonial home, 50/50 split.



As to pension - you have been married since 1983 (almost his 30 year pension). You are also entitled to a 50/50 split of the majority of his pension.


If he is the higher earner, you might also want to look into spousal support.
  #15  
Old 08-18-2012, 08:37 PM
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I will add that mcdreamy has maybe just put one of the most valuable points in terms of your final net properties assuming you are actually going through with the legal process of seperation now....

The family law act does look at the idea of how long have you been married, if you reconciled, even if unhappily, even if it is an on again off again as many couples do not live under the same roof all the time but still retain what the FLA considers "married" and it does not match what the CRA uses to determine marriage status.

The pension division which would be 50/50 while married and if you were actually living together in the same house living or representing yourself as some form of couple - you date of seperation, your final seperation could be stretched to 2012, or another 6 years and a good pension (although offset by yours) may rival the value you are rightfully contesting, or should be, in the mat. home. (sorry plus what I believe Arabian put there too regarding the sorry was it dowery rights? and what would be the difference in capital gain or final net worth of the house at your final and proper Valuation)

Last edited by ddol1; 08-18-2012 at 08:44 PM.
  #16  
Old 08-18-2012, 09:37 PM
Kayal Kayal is offline
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Again, thank-you all!

I saw a lawyer, but he turned out to be uneducated in this matter. I am trying to find another one, but I have to look at the cost, as most of them are very expensive. I don't understand why my spouse's lawyer is not counseling him the right thing. Our incomes are about the same at present, so I am not concerned about spousal support. After we mutually separated in 1996, he paid spousal support and I claimed it on my tax returns, after 2004 he reduced the amount he used to pay and then I stopped claiming the amount.

Last edited by Kayal; 08-18-2012 at 09:47 PM. Reason: Add more information
  #17  
Old 08-22-2012, 05:20 PM
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Can anyone recommend me a good lawyer who specializes in Family Law and division of family assets in the North East end of Toronto. Also, is able to represent me in the court in case this case goes to the court. Someone who is reasonable in terms of cost as well.
  #18  
Old 08-22-2012, 06:06 PM
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your best bet.... go to your local Family Court House, there you will find a facilitator who should be able to give you a list of family law lawyers in your area. From there it is pick up the phone and start calling. Some may disagree but I usually find that the personality of the lawyer's front line is a good indicator to the lawyers they work for..... nothing will beat the sitting with one with a few well worded questions to check skill, experience, philosophy on family law..... the latter may be one of the most important if not the most...... hire a jerk and well you have a jerk!!! Bonus, consider strongly the lawyer that prides themselves in staying OUT OF THE COURT HOUSE.... everybody will win at that point.

There is also a refer to a lawyer program that will allow you one referal for I believe 30 min at $6 - but I wasn't charged.
  #19  
Old 08-22-2012, 08:46 PM
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ddo - many thanks!
  #20  
Old 08-22-2012, 08:51 PM
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Quote:
Originally Posted by Kayal View Post
... and then I stopped claiming the amount.
Oopsy - careful!
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