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Common Law: Think You're Entitled to 50/50 Split of Assets? You're Wrong.

  Рет қаралды 29,682

The Law Barrister

The Law Barrister

Күн бұрын

Being in a Common Law relationships doesn’t entitle each partner to 50/50 asset split or spousal support in Ontario. Learn why and how to establish a “constructive trust interest” in a Common Law Relationship to have a claim to assets.
In this Free Video, Prominent Family Law Lawyer, Peter Doucet explains how Supreme Court of Canada decisions effect Common Law asset division, how a common law partner must legally establish an “interest" in assets acquired during the relationship and how the value is quantified.
If you’re in a Common Law relationship you should understand the very distinct difference between Marriage and Common Law relationships. Join Peter and Lori for a delicious discussion on Common Law rights, entitlements and how you and your partner are treaded by the law upon seperation.

Пікірлер: 58
@ultimatesa5578
@ultimatesa5578 3 жыл бұрын
Anyone else genuinely afraid to get married for all the wrong reasons?
@jajasatorashi136
@jajasatorashi136 3 жыл бұрын
Me
@spiritualrainfrances
@spiritualrainfrances Жыл бұрын
Yup
@jeffb.140
@jeffb.140 3 жыл бұрын
All those marriage and common law laws are completely nuts
@firstlast7719
@firstlast7719 4 жыл бұрын
It gets worse - after 3 DRO meetings which were basically useless she has filed another motion for a settlement conference. She is once again trying to get my property to reduce her portion of Section 7 expenses (my son going to U in 7 months). I am going back to court tomorrow. This is nearly 3 YEARS after the FINAL SETTLEMENT that took 2.5 YEARS to reach. The legal system and men's rights suck!!! I will try to stay calm...
@donpabloanulysse5331
@donpabloanulysse5331 4 жыл бұрын
I would of put my money in my moms bank account
@firstlast7719
@firstlast7719 4 жыл бұрын
@@donpabloanulysse5331 I went to court again March 2020 and this time finally a judge told her to stop it and cease making claims for more property after the final settlement. I got screwed. She has a government indexed employer pension. Since the court date my retirement fund has gone down a lot and it will take several years to recover. While she can just collect the gold plated pension with no worries ever.
@MannyXN
@MannyXN 2 жыл бұрын
@@firstlast7719 this is still a good scenario for you. As now you have learnt, ran away with assets. You can recover, you never know the future.
@firstlast7719
@firstlast7719 2 жыл бұрын
Update. 5 years after the FINAL SETTLEMENT she sued me for retroactive child support, because although I'm completely up to date (wages garnished from my pay cheque) she saw an opportunity to get even more to help her pay off her mortgage and retire sooner. I'm making 50% more without her in my life. She's just being a financial parasite, to benefit herself while not spending any increase in support on our son. 25% of my take home pay goes to her, 35% to tax, leaving me with 40%. Yet it is worth it. Life is better.
@MannyXN
@MannyXN 2 жыл бұрын
@@firstlast7719 Think of it this way, when you retire you'll have financial freedom etc. She will come back for more and lose you. Your children is who I feel for, money is regain able time isnt.
@EvaanNana
@EvaanNana 2 жыл бұрын
Is this a cooking channel or law channel. I can not focus my brain what he is saying when camera is zoomed to the cooking pan.
@sigmatheenigma
@sigmatheenigma Жыл бұрын
😂 me too wtf
@stuartpearce4773
@stuartpearce4773 2 жыл бұрын
"Woe unto you, lawyers! For ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered." - Luke. XI, 52
@chadowens3254
@chadowens3254 Жыл бұрын
thats a great dish, its been a minute since ive had that one. I need to taste as I go however I can't build sauces like that by eye
@ANickerson411
@ANickerson411 2 жыл бұрын
Did I hear right? A common law marriage is not a legally binding contract without a court paper saying so? My mother is sadly on her deathbed in a hospital, her so-called common law male live in partner is trying to connive himself into her will which I yet need to see. I want to get all of her assets noterized to get her out of Ontario care and into private care. I'm so unhappy that someone pretends to love a partner for ulterior selfish motives.
@doreenhastings7607
@doreenhastings7607 4 жыл бұрын
What if your common-law wife has been flirting with a man on her phone for some time but caught before she had an opportunity to physically cheat.
@ChaunceyDatGuy
@ChaunceyDatGuy 3 жыл бұрын
Then she belongs to the streets
@midnightrun2764
@midnightrun2764 2 жыл бұрын
Do you know why, she’s doing this? If you don’t, maybe you should try to find out, cuz maybe it’s time to move on! You all know the answer to these problems! It’s not complicated boys!..🤷🏼‍♀️…✌🏼🇨🇦
@skyeamin9471
@skyeamin9471 2 жыл бұрын
You're neglecting her needs. Take a look into that
@abdFai826
@abdFai826 2 жыл бұрын
@@skyeamin9471 yea... no
@yeah1159
@yeah1159 Жыл бұрын
​@@skyeamin9471WTF???? This is marriage stop defending whor*es if she isn't satisfied she can divorce him and she should never cheat if he is the one cheating you'd be making drama!! Will you even think if he is satisfied with her??? no you'll blame the man as always but you keep defending bitches What a sh*tty world we live in
@KingdomsUniteRev
@KingdomsUniteRev Ай бұрын
I’m gonna go down the common law way no way in hell anyone is gonna take 50% of my stocks I bring into the relationship
@spiritualrainfrances
@spiritualrainfrances Жыл бұрын
Does the 3-year living together rule apply to all of the Canadian provinces? In New Brunswick, if we've been together 2.5 years and then broke up (and still living together until he moves out), is the label of common law non-applicable? (for information purposes only of course!) Thank you!
@Gee-vz7xy
@Gee-vz7xy 4 ай бұрын
Hi, im wondering if u can help clear something up for me and thank you I would appreciate it so much if you could. Here is my question, what if one person in a bf/gf realtionship that had been going on for about ten years. Lived together on and off again and one is on welfare/odsp and after their breakup, the one on welfare/odsp sues the other through a "unjust enrichment claim", Is it still able to get it aproved by a lawyer and judge to go through? Even though the person who is welfare/odsp already has another house on his name and has limits on what assets and on how many properties that a welfare/odsp re allowed to legally own while under welfare/ odsp ? From what i have checked, Odsp/ welfare has limits on how much assets a person is allowed to have while they are on income support such as that and any extra properties/assets were supposed to be reported to welfare/odsp , since Odsp/welfare support program only allows one vehicle and one property , unless some special circumstances arise but it must first be reported to and aproved by the odsp office first. Which the person who is trying to sue me did not do. So they already have another house on thier name and the one that the person is trying to get half ownership of is on my name , and he cannot legally own another or half since they are limited on what they can invest and own . he is on odsp/ontario works welfare support program , so he has restrictions on what hes allowed to own under income support. So based on all that, can a unjust enrichment claim get aproved by a judge to go forward still ? Or no ?
@dawkinshater101
@dawkinshater101 4 жыл бұрын
that piece of salmon lookin fine as hell
@nirupama9666
@nirupama9666 2 жыл бұрын
My boyfriend ex wife is not ready to settle property in australia. They have joint properties. Both got divorced in India 1.5 yr back and where she agreed only on giving some amount monthly for kids who are in her custody in India. I am going to marry my boyfriend soon but his ex wife says that she will not settle property so that his ex husband cant marry me. Is it true? That After divorce wr cant marry if property settlement is pending? Pl suggest
@dacoup5955
@dacoup5955 Жыл бұрын
This is absolutely insane, just cause the woman lives with you for 3 years now she can fleece me? ... What kind of backwards ass country are we living in today, no way in hell i'm dating or getting married in this day and age and these people right here live off the misery of so many men and award con artist its boggles my mind how any of this is even legal, makes me wonder how someone can even do this for a living and sleep at night ... Putrid absolutely putrid.
@sebas8225
@sebas8225 3 жыл бұрын
Thug Life.
@vaelicusthepaladin
@vaelicusthepaladin 8 ай бұрын
Mens rights are in the gutter... But this lawyer explaining how things work to the lady while cooking a michelin grade dish was pretty boss
@ryaniam22
@ryaniam22 2 ай бұрын
You can see she is a parasite eager to learn how to get a sucker to pay for her old botoxed ass
@shhs6702
@shhs6702 Жыл бұрын
If you have a house in your name, before your gf/bf moves in get them to sign a tenant agreement. Loophole
@ceasarsalad119
@ceasarsalad119 Жыл бұрын
The issue here is that she'll cause a fuss and won't sign. A guy has two choices - he says nothing and runs the risk of losing half of everything when she loses interest OR he does as you suggest and she makes a big deal out of it and leaves.
@leyland610
@leyland610 Жыл бұрын
​@@ceasarsalad119I did this, it's was called a cohabitate agreement back in 2009. She wasn't happy at first even got her friends to badger me about it. Eventually she signed it as she wanted to move in. While I was working away she was always playing naked twister with another gentleman and inevitably it ended 6 months later. The last thing she said was I bet you are glad I signed that piece of paper. I said yes and closed the door, goodbye and good riddance.
@gavinjenkins899
@gavinjenkins899 Жыл бұрын
If you had a house before the relationship, it wouldn't be included anyway, even in traditional marriage. It's 50/50 of stuff acquired during a marriage only. So... in this example, there was nothing to "loophole" your way around in the first place. If you bought a house DURING the relationship, then it is unlikely to do anything either. The court will view the real estate as 50% hers generally, so collecting rent from her will be seen as deeply unconscionable (since she would be paying for something she already owns, they'll see it as just a plain flat out scam) and you'll probably just end up owing her all the rent money back AND 50% of the house. Instead of some dumb "loophole" that barely makes any sense in the first place logically, just get a prenup to cover these issues (or the equivalent of a prenup for common law which is a cohabitation agreement). They aren't 100% but they're way WAY more likely to hold up than whatever bizarre tenancy shenanigans you are planning.
@xyz1663
@xyz1663 9 ай бұрын
@@gavinjenkins899wrong. The house u bring in is split 50/50 if that is the matrimonial home... aka...your primary residence. Additional homes u brought in are not split.
@kevinnoway2091
@kevinnoway2091 Жыл бұрын
If your going to get married dont register it with the government Do it with god only If you register with the government you sign over your full rights it's like getting to marriage with the government not your wife
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