Legal Question in Family Law in Canada

im told by my family lawyer that there is no such thig as common law marriage in Canada and that because of this i have no entitlment to any of the money or possesions taken from our home by my ex i was left almost nothing and we had enough stuff to fill a 1900 square foot home


Asked on 1/12/10, 9:07 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

As noted on the LawGuru website questions directed to this lawfirm can only be answered with reference to British Columbia law; the law varies from Province to Province. The advice you received is technically correct in that there is no such thing as "common law marriage" because technically speaking in the jurisdictions wherxe it exists, a formal divorce is required to end the relationship just as if there were a civil or religious marriage.

In B.C. there is little if any difference between entitlement to asset division and support . A party living common law is entitled to the same as if married. With some exceptions (and there are not many) lyou are entitled to 1/2 the assets - 1/2 of the cntents of the bank accounts, 1/2 of the RRSPs, 1/2 of any real estate, 1/2 of the value of vehicles, etc. Depending on your financial circumstances you may also be entitled to spousal support.

Please go to another lawyer and get another opinion specific to your Province.

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Answered on 1/13/10, 7:26 am


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