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I want to get separated but don't want to lose the house

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Anonymous Asked:

im with my common in law almost 21 years i dont have income. I've always depended on him. we have two kids one with him. i want to get separated but don't want to lose the house we live in what are my rights, what are the steps i need? he has money and I know he will get a good lawyer to make sure I don't get any thing

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For the purpose of this answer I will assume that custody, access and child support are not issues.

Thus, there are two main issues that need to be addressed.

In terms of spousal support, you are entitled to make a claim for spousal support. The fact that you are not legally married is not relevant. The quantum of spousal support will depend on a number of different factors, including the amount of his income. I would need to speak with you prior to commenting further on both the quantum and duration of spousal support.

In terms of property division, as you are not legally married you are not entitled to claim an equalization of net family property pursuant to the Family Law Act. However, you are entitled to make common law property claims. Given that you have lived together for 21 years your protection would be similar to legally married persons, although not identical. Once again, I would need to speak with you before providing exact details.

You are welcome to telephone me at 866-557-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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