I am 57 years and my partner is 72. We are in relation 12 years and live 7 year together.we don't have kids just apartment . if I leave him what is it my right.
I tyred kip my relation but with his behaves is so hard to handle.
HelloWhat province do you live in? Are you legally married?
I am in Onterio Canada and I am not legally married.
You would have no rights to division of property or to receive any portion of his property unless you could show that you contributed to that property. There are no automatic rights to property division in a common law relationship.You may have the ability to seek spousal support. That will depend on your incomes and if you have been financially dependent on your partner.
I have agriment 50/50 when we bought our condominium and morgage on both name but I am paying morgage because his contribution was 50% cash.We werbali aggred that he will pay fee and tax for the property and I am paying tel, long dista call, tv and internet.I am dooing all dutis at home and we are live as merrid inside an outside
as couple.He both me car but my car on his name(Hi has secend car).I am working and my income is les then his because hi still working partime as addition income.
If you own property together, then you are entitled to a division of that joint property based on the contributions that you made towards it. If he paid 50% of the down payment in cash, and you have been paying off the other 50% as mortgage, then so far he has paid more towards the condominium equity than you have, at least until your 50% is paid in full. So if the condominium were to be sold and the proceeds divided right now, he would get more than 50% of the proceeds. The exact amount would depend on how much of the mortgage you have paid off.
There is no law that says the condominium must be sold. Of course one of you can agree to buy out the equity from the other person.
A court would consider that you seem to have agreed to share in household bills, and so maybe those offset against each other and would not have any impact when the condominium is divided.
Just having an income less than his would not entitled you to spousal support. If you are both working, and you have had the ability to contribute towards the mortgage and the other household bills, it may be difficult for you to show that you have a financial need for support. There is no law that says that the court is to equalize your incomes or that the higher earning spouse must pay the lower earning spouse. It is only if there is an inability on the lower earning spouse to be financially self sufficient that there could be spousal support ordered.
As far as dividing any other assets, other than jointly owned property, the law does not allow for automatic division for a common law couple. This is the case even if you acted in all respects in your home as a married couple. The status legally is not the same as the law of property division for a legally married couple.
with over 15 years experience.
Thanks, XXXXX XXXXX more right that I can get , even my car I can not have because his name as onwer. Forthunetly I lost my 12 years with someone and I fill bad way I did not ask you for help before I moved with him.
Hindsight is always more clear, but you cannot be too hard on yourself. You are hardly the first person to fall into such a situation and face such a problem.
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