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Answered in 47 minutes by:
12/8/2009
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
That would depend on the nature of your relationship and the financial situations. Your concern is whether you will be deemed as "common-law" spouses, however that arises only in certain circumstances.
To determine whether a "common-law" relationship exists a court will look to:
So, if you and your boyfriend always resided as girlfriend/boyfriend, kept separate accounts and the house was yours (in title and in payments/upkeep) then I think you don't have to worry. However, if any of the above "marriage-like" elements exist, you should consult with a local family lawyer and have them look at the details of how you've held everything.
Regards XXXXX XXXXX of luck!
That would depend on the nature of your relationship and the financial situations. Your concern is whether you will be deemed as "common-law" spouses, however that arises only in certain circumstances.
To determine whether a "common-law" relationship exists a court will look to:
- You (and your boyfriend) held yourselves out as being married
- Shared financial arrangements (joint accounts)
- Title of the property (did you share title - hold it as Joint Tenants or Tenants in Common)
- Contributions made to the property by both partners, etc.
So, if you and your boyfriend always resided as girlfriend/boyfriend, kept separate accounts and the house was yours (in title and in payments/upkeep) then I think you don't have to worry. However, if any of the above "marriage-like" elements exist, you should consult with a local family lawyer and have them look at the details of how you've held everything.
Regards XXXXX XXXXX of luck!
Hello,
From what you've told me it sounds like he wouldn't have a claim (remember: the judge will look at how you held yourself out to the public not internally, but your position that you have never held yourself to be married or in a "marriage-like" relationship is good if it can be corroborated).
It sounds like its time for you to retain a family lawyer to represent you and make sure you protect your assets. Fortunately, Alberta's Law Society offers a Lawyer Referral Service that can help you find someone local that can help you make some moves that will ensure you're protected (both physically and financially). Their link is: http://www.lawsocietyalberta.com/publicservices/lawyerReferralService.cfm
Best of luck and I hope you can resolve this as quickly as possible,
Regards,
From what you've told me it sounds like he wouldn't have a claim (remember: the judge will look at how you held yourself out to the public not internally, but your position that you have never held yourself to be married or in a "marriage-like" relationship is good if it can be corroborated).
It sounds like its time for you to retain a family lawyer to represent you and make sure you protect your assets. Fortunately, Alberta's Law Society offers a Lawyer Referral Service that can help you find someone local that can help you make some moves that will ensure you're protected (both physically and financially). Their link is: http://www.lawsocietyalberta.com/publicservices/lawyerReferralService.cfm
Best of luck and I hope you can resolve this as quickly as possible,
Regards,
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
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