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9/20/2014
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
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If he is separated then any assets he acquires have nothing to do with her.
In BC common law spouses do have property rights so if they were to reconcile then your gift may not be protected.
Gifts usually are exempt from sharing but if the gift was made during the separation then it could be that the gift would be considered to be an asset brought into the relationship and she might share in the increase in value of the gift.
So if they reconcile he should insist on a cohabitation agreement.
In Alberta common law spouses don't have property rights.
The only issue is if she moves to BC to live with him.
And he needs a family lawyer to do the cohabitation agreement and then she will need to get independent legal advice.
The only issue is if she moves to BC to live with him.
And he needs a family lawyer to do the cohabitation agreement and then she will need to get independent legal advice.
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