| BC common-law couples basically married under new law March 18 may have just become the most common anniversary in British Columbia, thanks to a new law that, you're welcome, essentially makes any couple that lives together married.
The province's Family Law Act came into effect today and grants all couples that have been in marriage-like relationships for two years the same rights and protections as those who signed on the dotted line.
The Family Law Act encompasses a number of topics, specifically relating to the end of a relationship featuring a child and family violence. Quite notable are the changes to common-law relationships, which state that any couple that splits after two years of cohabitation are eligible for a legal separation, in which assets and debts accrued during the relationship are shared equally.
»ca.news.yahoo.com/blogs/dailybre···971.html |
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| what happens if there is a prenup? |
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Reviews:
 ·Velcom
| said by jaberi:what happens if there is a prenup?
The man gets screwed, which is coincidentally the answer to any "what happens if...." questions related to family court  |
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| reply to jaberi
No contract, no binding arbitration.
Simple. As.
We are not the trustees. |
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| reply to jaberi
Wouldn't it just be awesome to shack up with someone for a couple of years just to find out you're on the hook for half of a $30 000 debt?
I think the Vanvouver housing market just heated up. |
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 J E F FWhatta Ya Think About Dat?Premium
join:2004-04-01
Kitchener, ON
kudos:1 | reply to jaberi
No reasons why the guy can no longer ask the question: "Will you marry me?" and if she says "No." Run...run far, far away.
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If you can't explain it simply, you don't understand it well enough. - Albert Einstein |
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 capdjqRIP my friendPremium
join:2000-11-01
Coastie | reply to jaberi
In other words living together has a two year expiry date. After that a break up will cost the wealthier half 50%.
When does the calender start.? Is the law retroactive? |
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 HiVoltPremium
join:2000-12-28
Toronto, ON
kudos:17 | reply to jaberi
This is idiotic...
More reason to stay single, and get a booty call when you have the need...
Gold diggin' bitches are everywhere...
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F**K THE NHL. Go Blue Jays 2013!!!
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 Bender2000Bite My Shiny Metal AssPremium
join:2002-05-06
Dollard-Des-Ormeaux, QC | reply to Kitlope
you know, if you marry someone that is 30k in debt, the debt is still theirs. You don't inherit a spouse's debt. If you incur debt together, that's a totally different story. It's the same that one spouse can declare bankruptcy but that doesn't affect the credit of the other spouse and doesn't affect the other spouses belongings either (e.g. car) provided it's that person's and not both people's asset. |
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 GonePremium
join:2011-01-24
Fort Erie, ON
kudos:3
·Start Communicat..
| said by Bender2000:you know, if you marry someone that is 30k in debt, the debt is still theirs. Not true for the rest of Canada. It becomes household debt unless there is an agreement stating otherwise. You are responsible for all debt including that incurred by your spouse prior to marriage.
Quebec is the one exception to the rule, which you outlined above. |
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| Sorry, Gone been there done that, I have had a spouse declare bankruptcy here in Ontario from a previous (before marriage) debt. My credit rating, assets etc were in no way compromised, as I had not been a co-signer and I did not underwrite it in anyway, now in the case of joint debts during a divorce the debt is not split and both parties can be held responsible for the full amount. |
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bt
join:2009-02-26
canada
kudos:1 Reviews:
·Start Communicat..
| reply to Kitlope
said by Kitlope:Wouldn't it just be awesome to shack up with someone for a couple of years just to find out you're on the hook for half of a $30 000 debt?
Emphasis added:
Quite notable are the changes to common-law relationships, which state that any couple that splits after two years of cohabitation are eligible for a legal separation, in which assets and debts accrued during the relationship are shared equally. |
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GonePremium
join:2011-01-24
Fort Erie, ON
kudos:3 Reviews:
·Start Communicat..
| reply to Toastertech
said by Toastertech:Sorry, Gone been there done that, I have had a spouse declare bankruptcy here in Ontario from a previous (before marriage) debt. My credit rating, assets etc were in no way compromised, as I had not been a co-signer and I did not underwrite it in anyway, now in the case of joint debts during a divorce the debt is not split and both parties can be held responsible for the full amount. Your situation is completely different as bankruptcy does not affect the other spouse unless you co-signed. Bankruptcy is a completely different issue and that's not what we were talking about. We were talking about joint responsibility if the relationship ends. In that case upon divorce all debt - including debt before marriage - is divided. Quebec is the only jurisdiction in Canada where debt obtained before marriage is solely that person's responsibility.
The argument made by all provinces except Quebec is that if there was previous debt that existed prior to marriage, it is most likely that the new married couple would work together to pay off that debt even though it was obtained prior. Spouses paying off student loans are a good example. |
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| I believe you may find it is possible that the spouse with the debt prior to marriage may be entitled to an "equalization" payment from their soon to be ex spouse in a divorce settlement after the "net family property" calculations are completed, which takes into consideration separate debts and assets at the time of marriage and that of separation.
My understanding is that you are not responsible to a creditor for your spouse’s debts, that are not joint, no matter what your martial relationship is. Although an exception may occur if the debt was for necessities towards the upkeep of the home or family.
Although due to the equalization payment he/she may be paying it in a round about way.
I can only speak to personal knowledge as I have also been through a divorce in Ontario with my first wife and at that time she was very disappointed to find out that I was not responsible for half of the credit cards she had acquired and maxed out, that I had not been a co-signer for. She was even more livid when the equalization payment was in my favor.
My experience in spousal bankruptcy is by way of my second wife, here's to looking forward to the third go around. |
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GonePremium
join:2011-01-24
Fort Erie, ON
kudos:3 Reviews:
·Start Communicat..
| Right, you're not responsible for the debt directly. It only becomes an issue during division of assets. The court will take into account the debt when diving the property, but it's not as if they add your name to the account or anything like that.
It makes sense in some ways that they do this, in others it doesn't. It all depends on your perspective I guess. |
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 KardinalDei Gratia ReginaPremium
join:2001-02-04
N of 49th | reply to jaberi
said by jaberi:what happens if there is a prenup?
Ummm.....how do you have a prenuptial agreement if there haven't been any nuptials (ie/ no marriage)? |
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HiVoltPremium
join:2000-12-28
Toronto, ON
kudos:17 Reviews:
 ·TekSavvy Cable
·TekSavvy DSL
| pre-livingtogether... lol
I wonder how this applies to roommates... How do they prove that you live with someone as friends or as lovers? And why should that matter? You could be friends with benefits that happen to share a house or apartment.
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F**K THE NHL. Go Blue Jays 2013!!!
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 eksterHi there.
join:2010-07-16
Lachine, QC
kudos:1
 ·FreePhoneLine
·TekSavvy DSL
| reply to jaberi
Lawyers will really love this.
A simple, 'I take my stuff and you take yours, now GTFO of my life' will turn into everyone needing to lawyer up if they spent more than 2 years together and someone wants something more (which, let's be honest, happens most of the time). |
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 FaxCap
join:2002-05-25
Surrey, BC
·Shaw
| reply to jaberi
They just had some guy on talk radio. Basically he said...
Everything you brought into the union is yours.
Debt you had before the union is yours.
You split assets accumulated during the union.
You split debts accumulated during the union.
If their are children things get complicated.
Lots of calls....most from people who say the government did not
advertise these changes enough. I have to agree in that the only
reason I knew it was coming was the fact my girlfriend's lawyer told
her about it last year.
FaxCap |
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HiVoltPremium
join:2000-12-28
Toronto, ON
kudos:17 Reviews:
·TekSavvy Cable
·TekSavvy DSL
| said by FaxCap:You split assets accumulated during the union.
You split debts accumulated during the union.
What stops a "partner" from getting a credit card or some other form of credit without the other person's knowledge? After all, they're not married so its not like there is requirement for consent from a spouse?
People may live together, but not necessarily share every financial detail out there... If a credit card or loan is not in both names, how can they expect to split the debt just on the fact that they've been living together? And how do you prove how long you've lived together? Does sleeping over 2 or 3 times a week consider living together? Having some clothes over at the place?
God, what a mess...
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F**K THE NHL. Go Blue Jays 2013!!!
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