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My common law wife is leaving me, do I have any financial responsibility for her after she leaves, or do I have to pay any kind of financial aid, by law?

Submitted: 1205 days and 13 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Posted by LawNinvest 1205 days and 13 hours ago.

Info Request

What state do you live in?

What state did you have this relationship in?

1205 days and 10 hours ago.

Reply

Reply to Lawyer, Broker 's Post: I actually live in Ontario, Canada.
Both for current residence and residence within which the relationship has taken place. Furthermore the relationship isn't at it's close yet, 'she' leaves on the 9th...

Answer

Thank you for your reply and clarification. According to the laws of Ontario Canada, there is no laws governing common law relationships. This means common law partners do not have any rights to share in the property distribution upon separation.

However despite the absence of any laws regulating distribution of property in a common law relationship the affected party can still sue under the principal of Unjust Enrichment. Under this principal the argument is essentially that property should be distributed because it is not fair that the person who acquired the property should keep it all and the other person should get nothing. This principal could extend to financial responsibility to your partner if there has been a lengthy relationship. However, these issues are determined on a case by case basis and the final decision maker is the judge.

At this time, you owe no financial responsibility unless your partner claims she is owed something under the principal of unjust enrichment.

You are advised to speak with a family law attorney to further protect your interests.

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Expert: LawNinvest
Pos. Feedback: 99.5 %
Accepts: 7789
Answered: 12/1/2006

Lawyer

Family, Juvenile Dependency, Criminal, Probate Just Answer Legal Mentor

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