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Debra
Debra, Lawyer
Category: Canada Law
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I have questions regarding the breakdown of a common law

Customer Question

I have questions regarding the breakdown of a common law relationship in BC.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Please provide the basic facts and then your specific question.

Customer: replied 1 year ago.
We have been living together for 3 years. She had 2 previous children and I had 1 and we have one together. House is in my name and the vehicle. Massive credit line and credit card debt. She left the family home with her 2 children. She wants the house and vehicle and myself to leave with nothing. What are my rights? Can I stay in the home? Who keeps the vehicle?
Expert:  Debra replied 1 year ago.

She doesn't get the house or the vehicle.

That is not how the law works.

She may be entitled to an interest in them but not the actual assets.

If the house and vehicle were acquired during the relationship then she may be entitled to an interest in them but to some extent that would depend on whether she contributed to their value because your relationship was so short and so the rules of 50/50 sharing of the value of the assets would not necessarily apply.

You should most assuredly not agree with her and should not move out.

Rather you should tell her that is not happening, the assets are yours and you should see a family lawyer as soon as you can.

Customer: replied 1 year ago.
She has the vehicle and will not return it. Do I report it stolen?
Expert:  Debra replied 1 year ago.

This will be considered a civil matter. You will need to address this in family court.

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