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What affects one year period of separation ?

Posted in Buckingham, Location, Quebec, Separation by Questions on June 18, 2014

if a spouse visits inconsistently and irregularly without notice and stays at the home of the mother and child, for a long period of time like 4 weeks, does this affect the one year period and ownership of the house that was purchased after the initial separation?

1 Expert Comment

  1. On June 18, 2014 at 10:46 am
    Andrew Heft said:

    The one year separation period during which the spouses have lived separate
    and apart that can be alleged as a cause for divorce is not interrupted if
    the periods were the spouses have resumed cohabitation for the primary
    purpose of reconciliation do not total more than ninety (90) days. It is
    then important to determine the intention behind your spouse’s visits and
    habitation in the family residence. If the intention is not reconciliation,
    then it does not affect the one year separation period.

    Concerning your question pertaining to ownership of the house, in a divorce
    context, actual ownership of the family residence is not affected by usage
    of the house.

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