Common Law Couples: Exclusive Possession of The Home

December 11th, 2018

More than ever, unmarried (or “common law”) couples are living in conjugal relationships that are indistinguishable from marriage. Many of these couples will be surprised to learn that, in Ontario, they do not enjoy the same rights and obligations as their married counterparts upon separation. In a previous post, I wrote about the difference between […]

Common-Law Spouses and Joint Tenancies: Can I Force Him …

June 8th, 2016

Certified Specialist in Family Law and Toronto Area Family Mediator and Arbitrator John Schuman was recently asked the following question: My father has been separated from his spouse since 1992 (documented) . A separation agreement was prepared but neither party signed the document. No equalization claim was made by his spouse within 6 years of […]

Am I entitled to my common-law’s pension?

February 26th, 2016

Certified Specialist in Family Law and Toronto Area Family Mediator and Arbitrator John Schuman was recently asked the following question: Hello. I am recently separated. I was on a common law relationship for about 7 years and we had 3 children together. My question is- Am I entitled to part of his Pension? I understand […]

Do I need to show my bank account to my spouse?

February 25th, 2016

Certified Specialist in Family Law and Toronto Area Family Mediator and Arbitrator John Schuman was recently asked the following question: My spouse and I have not been getting along for about 4 years. We live in the same house with our kids. A couple of years ago I went to a lawyer for advice. One […]

Do I need to pay all special or extraordinary expenses?

December 19th, 2014

Toronto family law lawyer Sarah Falzon was recently asked the following question: “Generally, if the child was involved in the activity prior to separation, then you’ll likely need to continue to pay for it after separation. Does this mean year after year or just for the lessons for the year of separation?” When paying child […]

Common Law Separation and Child Custody

September 16th, 2014

Toronto family law lawyer John Schuman was recently asked this question: ” I have been living common law for almost 5 years and we have a daughter together. Our relationship has gotten to a point where it gets worse every day. He owns the house, my name is not on it but we do our […]

Afraid of Losing Assets due to Girlfriend’s Child …

August 22nd, 2014

Toronto family law lawyer John Schuman was recently asked this question: “I live with my girlfriend and have been together for about a year, I’m concerned because she’s been on welfare for 7 years, hasn’t filed taxes for that time, has years of outstanding child support as her ex has primary custody and refuses to […]

Buying a House Before Marriage?

June 25th, 2014

Ivan Merrow, Summer Law Student According to a 2013 study by Coldwell Banker, one in four couples under 35 purchase homes together before getting married [1]. One reason is that rising property rates, student debt, and low salaries have made it difficult for people aged 18 to 30 to afford a house on their own […]

Legal Jurisdiction Where a Common Law Couple Has Lived …

May 10th, 2014

This blog is written by Michelle Stephenson a summer law student at DSF. A recent Ontario Court of Appeal decision dealt with a situation relevant to many family law clients. Specifically, it dealt with what legal jurisdiction applies when a couple has split their time between two places, in this case Florida and Ontario. In […]

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