Your Rights and Property Division

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Your Rights and Property Division

• Your Rights Are Dependant of the Type of
  Relationship You Previously Had
• The type of relationship you had previously with
  your ex partner determines how the overall
  property is divided. There is not much difference
  between being officially married from being
  common law with your ex partner. It is a
  common misconception that after 3 years,
  you can consider your relationship and
  marriage. However, this is not the case.
• There are a growing number people that
  accept common law relationships as the
  equivalency of marriage after a span of
  time. This is inaccurate information due to
  the fact different rules apply although
  there are some overlapping laws.
• One of the things that marriage is comprised of
  is a legal document stating that the partners are
  now husband and wife. Common law is when you have
  lived together for more than a year. Therefore,
  by the government views that you two are a couple
  and your finances should be combined to a degree.

Property division Based off of the Type of
Relationship The first type of relationship
is to actually be officially married to
your partner. When you two decide to
terminate the relationship, by law, both of you
must share the value of the overall property
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equally. Property could be anything that has
value. This includes workplace pensions that have
been received over marriage regardless of
which one of you did not contribute to it.
Therefore, the ex- spouse who had a higher
property value on the date of separation,
is legally obligated to pay the equivalent of
half the difference that is between the value of
their property and yours or vice versa. The
second type of relationship is called common law.
The property is divided extremely differently. If
you were or have been in a common-law
relationship, each individual that was
involved in the relationship is responsible for
taking back what belongs to him or her. Although,
if you can prove that you highly contributed to
the value of an item or service, you may be able
to obtain some value back from it. Although these
laws although these laws apply to most
situations, if you live within the First Nations
reserved, provincial laws legally do not apply.
Some First Nation tribes have created their very
own rules and laws in relation to MRP. These
rules are set in place with respect and needs of
the First Nation cultural traditions as well as
history. Firstly, if your residence is in
the location of a First Nation Reserve,
your first step in the right direction is
investigating whether or not your Community
governs its own rules regarding property
division. If your community does not have its own
rules in place, then Federal rules will apply
which have been set in stone by the Family Homes
on Reserves and Matrimonial Interests or Rights
Act. As soon as you have this information, the
lawyer you choose to work with and you can
determine the best course of action.
In the End
At the end of the day, it is true that your
relationship may have failed. However, take heart
because now you both have an equal chance to have
a fresh start. This is why these laws were set in
place to provide each person with an equal
opportunity to rebuild each self. If we did not
have these laws one would definitely swim and the
other would definitely sink. Article source
http//www.changemagazine.net/2019/01/15/your-righ
ts-and-property-division/