Common Law v Legally Married in Canada: Pt 1 -Property Division
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- Опубликовано: 16 июн 2024
- Lawyers Helena Birt and John-Paul Boyd explain how the law on property division differs between married and unmarried/"common law"/cohabiting couples in Canada. The law varies from province to province. As such, it is highly recommended that you speak to a lawyer to discuss your situation.
Highlights
5:02 Development of the law on division of property to unmarried couples in various provinces
7:36 "Unjust Enrichment"
10:28:rights to the matrimonial /family home (including exclusive possession)
Warning: The videos on Litigation Help are intended to provide general legal information only. They are not substitutes for legal advice from a legal professional. We do not warrant the accuracy of any of the information in the videos. They are entertainment, informational videos only meant to provide some context to common legal terms or doctrines. If you require legal help, please consult a professional directly. Contact a professional who is familiar with the laws of your province.
(Note: the end screen should read "End of Part 1" not "End of Part 2")
Speakers
Helena Birt
Ontario Family Law Limited Scope Services Project
www.familylawlss.ca/
John-Paul Boyd
boydarbitration.ca
Five Minute Family Law with John-Paul Boyd QC / @johnpaulboydqc
Thank you so very much for creating this video, it was super helpful for someone I am assisting.
You are so welcome! I am glad we could help!
Super series Heather!
Thank you so much! I've subscribed to your channel too!!!
@@LitigationHelp Thanks. Looking forward to seeing more of your content!
this is great
Thank you!
Assets owned prior to or after a relationship in other provinces, homes, vehicles, pensions ect.
Eg. Someone moves to a new province but still owns property. Someone that might have investments or pensions or other things of that nature. How might the courts handle that type of situation? Would that have to be adjudicated in each province?
Thank you for your question. Unfortunately, we cannot provide an answer here, as it would require more information. We suggest that you seek legal advice from a lawyer.
@@LitigationHelp right because that's never seen legal precedent so you couldn't possibly talk on that just as you did in the video with property lol. Not much of a channel if you dont have content because your affraid to discuss case law.
@@NorthernExposureATV There are a few reasons why Heather can't answer your question, Steve. First, the laws about family property change from province to province (the law in Quebec is totally different than the law in Alberta), and they often treat some kinds of property different than other kinds of property (the family home is a big one in Ontario). Second, the ability of the courts to deal with property in another province can change depending on the type of property (the courts of one province can usually make orders about personal property in another province but can't usually make orders about real property in another province). Third, it's not clear from the circumstances you describe which province's courts would have jurisdiction, the courts of the province the person left or the courts of the province the person moved to (you wouldn't want to start a claim in one province only to have it rejected in favour of another province).
These issues are all pretty complicated, and are usually taught over a bunch of different classes in law school, including family law, the conflicts of laws, real property and constitutional law, and the answer to your questions -- assuming there is just one answer that is the right answer -- depends on the circumstances of the people involved and the kind of property involved. If you need an answer to your question, you'll need to meet with a lawyer. You don't have to hire the lawyer for anything more than that, of course, but the advice might help. Best of luck with this.
Couple living together in canada but already married in their native countries...my question is if they live one year as a common law partner in canada..will they able to prove their relation ship and apply for PR status?
Hi Dilip! Thanks for the question! Canada recognizes almost all marriages celebrated abroad, so don't worry about attaining status. **Please note: As with all our videos, our comments here should not be taken as substitute for legal advice.**
What are the rules of property division in Manitoba?
Hi Amanda, I'm afraid that our channel mainly covers the law in Ontario only. I just did a quick Google search and found this website: www.gov.mb.ca/familylaw/resources.html. You might also want to go on CanLII to do some research on there. Good luck!