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I live in Canada, so i hope the information you have is

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Hello, I live in...

Hello, I live in Canada, so i hope the information you have is relevant, if it is not, perhaps you could point me in the right direction. This is my situation. I was in a relationship with a man for 8.5 years. During that time I gave up my education and any hope of a career to raise his 2 children along with my own 2. During the relationship he didnt file his taxes peoperly and ended up owing a hundred thousand dollars to the CRA and having his bank accounts frozen, therefore I have had all money that we made in my own bank account.I also have a recreational property in my name that was aquired during the relationship as well as vehicles and insurance, all in my name alone. Over the past year we had a business, in my name, and the taxes owing, I assume are in my name as well. Even though it's all in my name, he spent the majority of the money on himself. So now that we have split he insists that I give him money, even though he has built his career with my support over the past 8 years and I am only able to get a minimum wage job to support myself and my children. Am I legally obligated to give him anything?...can he sue me for money or property?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Canadian family court?

No because we were never legally married. We were never "together" as far as the law or the CRA goes...I always filed my taxes as single and as far as I know, he did as well

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I thought you were a lawer that I am talking to now??

Submitted: 3 months ago.Category: Canada Law
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Answered in 10 hours by:
3/19/2018
Lawyer: Debra, Lawyer replied 3 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,115
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 3 months ago

I am sorry to hear of this difficult situation.

Are you saying he is asking for spousal support? Or is he asking for money from the business?

How log did you live together for?

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Customer reply replied 3 months ago
we lived together off and on for 8.5 years, as you would know if you had actually read my original question.
Customer reply replied 3 months ago
hello?
Lawyer: Debra, Lawyer replied 3 months ago

Being in a relationship for 8.5 years doesn't mean you lived together for 8.5 years. What I need to know now is how long you lived together for since the last time you separated unless the separation was for less than 90 days.

As well, you still have not answered all of my questions. I had asked:

Are you saying he is asking for spousal support? Or is he asking for money from the business?

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Customer reply replied 3 months ago
he is asking for money from the business, and we have lived together, this time for 2 years.
Lawyer: Debra, Lawyer replied 3 months ago

Common law spouses have property rights in BC just as if they were legally married. That would mean that in most cases he would share equally in the value of the business.

Normally after 8. 5 years that would be the case for sure. After 2 years it would not. So based on your common law status he may not have much of a claim to the business.

But in this case it seems that you are saying that he is the one that contributed to the value of business and in fact it sounds like the business was mainly his and just put into your name. For that reason he likely has a much stronger claim to share in the business.

At the same time if a court said the bulk of the business is his then he will have to pay you spousal support.

This is complicated because of the contributions and because of the separations and there is no good way to predict what a court would do. In my view your best next step would be to consult with a family lawyer face to face and not pay him a thing until you do.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 3 months ago

Is there anything more I can help you with at this point in time?

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