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common law separation

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Anonymous Asked:

I am i a common law relationship, we have a 10 year old son. We are talking about separating, but my partner has been unable to get a teaching job, so is not working while she looks for a teaching job. What is the support agreement for this situation? We would be selling the house and splitting the profits.

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Andrew J. Kania, LL.B., LL.M.
6 years ago

Answer: We first need to know where your 10 year old son will live, what percent of the time he will be with the other parent, and your income. Once we have this information we can tell you exactly what the child support arrangements shall be, based on the Child Support Guidelines. We can also provide guidance on the possibility of spousal support, both in terms of amount and duration, once the above information is provided. In terms of the “house” and your comment on splitting the profits, there is no automatic equalization of net family property, pursuant to the Family Law Act, for persons who are not legally married. If you wish, we can also provide guidance on the legal rights that do exist, under the case law, for persons who live together in a “common law” relationship. However, we would first need more details on all of the assets/debts, and the specific contributions made by each partner to the assets/debts.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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