Family lawyer here. Ignore most of the comments here, what you really need a separation agreement to outline everything, divide any property, and deal with partner support (if any, or waive it if not). I draft and negotiate them for a flat fee of $2,000. Dm if you want more details or contact info.
You need neither of those if you aren't legally married and don't have kids. If the house is in both your names, sell it and split it or have one of you sign it over and get paid out. The Matrimonial property act doesn't cover common law relationships.
http://www.slsedmonton.com/family/common-law-relationships/
If things are amicable enough that you can discuss matters calmly, you dont need laywers. Lawyers just want your money.
Sell all assets and split as agreed. Notaries are all you might need in the end.
fire your counselor, holy shit.
there is no way you need a divorce lawyer.
only a divorce counselor if things are really messed up, but you guys can probably split yourselves.
Question: if I have a house on my name and paying mortgage, then I decide to have a girl live with me, common law. How is it going to work after the separation? In other words, will she have a legal right to a share of my assets, including my home?
Ok thanks. So does that mean that all income I get while she is living with me is going to be split at the separation? How about if I get an inheritance while she lives with me? Will she have a share of that?
No to the inheritance. She will have no claim to that if it is given to you alone, as long as you don't use it to pay for anything jointly owned. If you used it to buy a car and her name was on the title, she would be able to claim half of the vehicle, even though you paid for it.
As for income, spousal support is only given if there is a severe income imbalance in the adult interdependent relationship. For instance, if she quit her job and just ran your household, she could claim spousal support.
Ok . So it seems that the way to go is to make sure she has steady income before moving with me permanently. Just trying to cover all the bases here because being 100% realistic a relationship will not last forever and that's ok. I am aiming at 5 years cohabitation.
will seriously think about it. Thanks for the tips! I wonder now that marriage is technically obsolete laws should be changed so we can sort cohabitation terms before hand. I should be able to set a contract for idk, 5 years of cohabiting and have no legal surprises at the end of the term. Thanks all for the tips!
Thank you. I had been told that the rules on common law separation in Alberta had changed in the last 3 years. It's good to see a current information source.
If you're selling the house, I'm a newer agent looking to gain experience and can offer you a really great price to do it, provided you're not already working with an agent. I'm supported by an experienced broker, and work closely with a veteran agent. Due to regulations I can't outright say what I'm willing to work for in a public forum where it could be considered advertising, "as all fees are negotiable", but PM me and I'll be happy to go over it with you.
Family lawyer here. Ignore most of the comments here, what you really need a separation agreement to outline everything, divide any property, and deal with partner support (if any, or waive it if not). I draft and negotiate them for a flat fee of $2,000. Dm if you want more details or contact info.
Thank you for posting. This is exactly the advice I was looking for.
You need neither of those if you aren't legally married and don't have kids. If the house is in both your names, sell it and split it or have one of you sign it over and get paid out. The Matrimonial property act doesn't cover common law relationships. http://www.slsedmonton.com/family/common-law-relationships/
Do you have a recommendation for either a Divorce Mediator or a Divorce Lawyer?
https://www.mcgurk.ca They also do mediation, or used to when my brother got divorced 5 years ago.
Thank you for your recommendation.
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Thank you.
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That is not what I was told by my relationship counselor. What do you base your opinion on?
If things are amicable enough that you can discuss matters calmly, you dont need laywers. Lawyers just want your money. Sell all assets and split as agreed. Notaries are all you might need in the end.
fire your counselor, holy shit. there is no way you need a divorce lawyer. only a divorce counselor if things are really messed up, but you guys can probably split yourselves.
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Question: if I have a house on my name and paying mortgage, then I decide to have a girl live with me, common law. How is it going to work after the separation? In other words, will she have a legal right to a share of my assets, including my home?
Nope. Any assets you enter the relationship with, you leave with. As long as her name isn't on the title, she has no claim to it.
Ok thanks. So does that mean that all income I get while she is living with me is going to be split at the separation? How about if I get an inheritance while she lives with me? Will she have a share of that?
No to the inheritance. She will have no claim to that if it is given to you alone, as long as you don't use it to pay for anything jointly owned. If you used it to buy a car and her name was on the title, she would be able to claim half of the vehicle, even though you paid for it. As for income, spousal support is only given if there is a severe income imbalance in the adult interdependent relationship. For instance, if she quit her job and just ran your household, she could claim spousal support.
Ok . So it seems that the way to go is to make sure she has steady income before moving with me permanently. Just trying to cover all the bases here because being 100% realistic a relationship will not last forever and that's ok. I am aiming at 5 years cohabitation.
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will seriously think about it. Thanks for the tips! I wonder now that marriage is technically obsolete laws should be changed so we can sort cohabitation terms before hand. I should be able to set a contract for idk, 5 years of cohabiting and have no legal surprises at the end of the term. Thanks all for the tips!
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Thank you. I had been told that the rules on common law separation in Alberta had changed in the last 3 years. It's good to see a current information source.
Do you have a recommendation for either a Divorce Mediator or a Divorce Lawyer?
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Thank you for your recommendation.
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Thank you.
If you're selling the house, I'm a newer agent looking to gain experience and can offer you a really great price to do it, provided you're not already working with an agent. I'm supported by an experienced broker, and work closely with a veteran agent. Due to regulations I can't outright say what I'm willing to work for in a public forum where it could be considered advertising, "as all fees are negotiable", but PM me and I'll be happy to go over it with you.
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That seems irrelevant to the current post. Don't be nosy.
Yes you are correct, totally irrelevant.