Your Rights and Property Division

1. 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

2. 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-rights-and-property-division/