If a man does not have a separation agreement or a divorce from his wife but lives with another woman. Does the wife have rights to all his assets and pensions and retirement savings? My father 'won' a house years back and the ticket was in his name only....he has now put his common law partner on title as she lives in the house. Does my mother (whom my father has not separated from legally or divorced) have a right to half of that house? ITs is owned free and clear. My parents have been married since 1955. Dad and Mum haven't lived together since 1976.
Province/Territory relating to question: Saskatchewan
The spouse wouldn't have claim to the property (or half the property) under a matrimonial-property theory as they never actually lived in the property, HOWEVER if there is Spousal Support (alimony) that is due that cannot be paid otherwise it may be possible that there'd be need to sell or mortgage to pay off. However, the most common issue would be when your father passes away when the spouse can exercise her marital share of his Estate. In truth it would be wise for your father to just get a divorce - even if he doesn't remarry the woman he's been living with.Regards XXXXX XXXXX wishes.
Cross-Border (US/Canada) Lawyer