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i was living with a doctor for 25 yrs. he left our home in…

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i was living with a...
i was living with a doctor for 25 yrs. he left our home in april, what am i entitled to? house and cottage are in both names, jointly. can i claim support ???
Submitted: 8 years ago.Category: Canada Law
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Answered in 4 minutes by:
6/16/2010
Lawyer: Ulysses101, Lawyer replied 8 years ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,757
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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After 25 years, you're definitely entitled to support if his income is higher than yours. The house will be the "matrimonial home" and you're entitled to half the equity in it. The other assets and debts, including the cottage, form the Net Family Property which you're entitled to half of. Basically, the NFP is the increase in your joint wealth over the course of the marriage.

 

This is clearly a long term relationship, with property and support issues. I recommend that you see a family law lawyer near you soon to begin the process of settling your affairs with your husband. Hopefully, you can agree on something to put into a contract rather than spending a lot of time and money going to court.

 

Good luck

Ulysses

 

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Ulysses101
Ulysses101, Lawyer
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Customer reply replied 8 years ago
just to be clear, we were not married but had a common law relationship for 25 yr;. he had to stop working in April due to a hip fracture and then he let his daughters take over his life; they insisted he move in with one of them. he is 84 yrs old, i am 62. i have been left to sell, manage and pay expenses of the 2 properties by myself
Customer reply replied 8 years ago
does anything change due to the above extra info i provided?
Lawyer: Ulysses101, Lawyer replied 8 years ago

After 25 years, the court will treat your relationship as if it were a marriage, I'm sure. The home is thus not a "matrimonial home" under divorce law, but you'll still be entitled to half unless there are some strange circumstances I'm unaware of.

 

If he's not aware that you're separating, then this could be a different story. I assume that he is aware.

 

You'll need power of attorney over his affairs or his informed consent to dispose of properties which you jointly own.

 

See if a lawyer or mediator can draw up a contract for the two of you, which is the fastest and easiest way to get through a separation.

 

Ulysses

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