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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 97959
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I've been more than 5 years in the Common Law relationship

Customer Question

Hello,I've been more than 5 years in the Common Law relationship with my fiancee, we are both late 50', I am living his own condo, paying himself nothing sharing with me even any of living cost
also, using his work benefit too.
We engaged in 2011, was in same year, living together.
He will retire after few years later but my feeling is not secure my life, just living with him in his place for him and feeling not my home, like a shelter.
He moved into downtown Toronto condominium after met me, he sold his old house in a small town.Now, we are both getting sick by the ages specially, I've got too much stress from not secure to living with him in his condo for the future.
But, I don't know any kinds of the common law's law.
Please advice me the law, information what I can do it for the future or present.
For now, I am feeling like living in a shelter for the temporary that worsen pass time more and more and I want to make decision as soon as possible.First of all, I want to get few information,1, What happen will be for the property or pension when one of us have any happen,( death or accident....) ? How can I get my life secure to living with him from now?
He has 3 children , two of them are independence but not married yet and the other one is still he is still paying for the child support to Ex, he is in university 3rd year.
I have 2 boys.2, What is the difference between the Common Law and marriage?Thank you for your time and efforts!
Jenny
Submitted: 4 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 4 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 4 months ago.

Before I answer can you let me know if you are planning on getting married still or not?

You said you got engaged in 2011.

Expert:  Legal Ease replied 4 months ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

Customer: replied 4 months ago.
I engaged 2011 and I would like to make decision when I get some information, I am feeling like tied with the engaged ring to him and now, we are in the common law(?)
But, I want to know What is the difference about each responsible or portions for heritage and pension without the Will between the Common Law and marriage?
also, if I break up with him is nothing for the benefit for me in my case?
How is works for the heritage, properties and financial, pension when one of us have any happen,( death or accident....) ?
Am I in common law now? even we engaged?Thank you,
J
Expert:  Legal Ease replied 4 months ago.

What do you mean when you use the term "heritage"? Are you asking about your estates?

Customer: replied 4 months ago.
First of all, I want to get some of relationship law information,1, What happen will be to me or my fiancee for the property or pension when one of us have any happened that death or accident or break-up for in our, I and my fiancee's case as explain on 7th the first letter?
By the additional explanations, My fiancee has 3 children , two of them are independence but not married yet and the other one is a university student who still my fiancee is paying for the child support to Ex.
And I have 2 boys.2, What is the difference between the Common Law and marriage relationship in question 1 when one of person has unexpected happen that death or accident or break-up for property and pension in my case?Thank you again,
Jenny
Expert:  Legal Ease replied 4 months ago.

Is this about CPP or a private pension?

Customer: replied 4 months ago.
From his work and private pension
Expert:  Legal Ease replied 4 months ago.

In Ontario common law spouses do not have the same legal rights and obligations that legally married spouses do.

Legally married spouses share in family assets. That would be any assets acquired during the marriage aside from gifts and inheritances. They share in the increase in value of any assets brought into the marriage. The share in the value of the matrimonial home no matter when it was acquired.

Common law spouses don't have these same rights. To some extent the court would look at contributions and if you didn't contribute to the value of assets in your common law spouse's name you may not be entitled to share in their value if your relationship ends. And that is whether it ends because it has broken down or at death.

If your common law relationship goes on for a very long time then in those cases courts have now said that the relationship is considered to be what is called a joint family venture and then you may be said to have contributed to the value of the assets even though not financially.

Common law spouses do not share in private pensions. They do share in the credits earned during the relationship for CPP.

There is no doubt that as far as division of assets and for estate purposes you are not as secure if you are common law spouses unless you have a cohabitation agreement that gives you the security.

If your common law spouse dies and doesn't have a Will you don't inherit. If your common law spouse dies and leaves you nothing if the relationship was relatively short you will not inherit.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 months ago.
Thank you for your answer, I have the question for:1, As a common law what happens to me if, the property, we currently reside at is
a) willed to be my common law spouse's children?
b) without any his will?
2, What would happen in the same situation, above a) & b) if, we are Legally married without me contributing financially
a) & b)
c) how about his pensions?Thank you again
J.
Expert:  Legal Ease replied 4 months ago.

1) a) You will not get the property, they will

b) any living legally married spouse if any and his children will share the estate

2) a) you can elect to take under the Will or under the Family Law Act so you would at least get 1/2 of all family assets

b) you would get the first $200,000 of the estate and then 1/3 of the rest of it and the children get the last 2/3s

For pensions they are treated as assets so if you are married you share in their increase in value over the course of the marriage, if you are not married you have no claim.

For CPP it is the same whether you are married or not.

Expert:  Legal Ease replied 4 months ago.

Is there anything more I can help you with at this point in time?

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