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If a common law wife in Ontario Canada moves out and leaves you can she demand spousal support?
The core of your question is whether matrimonial home provisions in family law apply to your situation.
The Family Law Act of Ontario says that a spouse is entitled to equal possession of a matrimonial home -- any ordinarily occupied family residence owned by the other spouse. The spouse then needs to consent for the house to be sold.
The act defines spouse as a person to which one is married.
That means that "common-law wife" is excluded from those provisions of the statute.
The supreme court decision Nova Scotia (Attorney General) vs. Walsh upholds the constitutionality of excluding unmarried spouses from matrimonial home provisions.
Here is part of the 8-1 decision:
Although the courts and legislatures have recognized the historical disadvantages suffered by unmarried cohabiting couples, where legislation has the effect of dramatically altering the legal obligations of partners, choice must be paramount. The decision to marry or not is intensely personal. Many opposite sex individuals in conjugal relationships of some permanence have chosen to avoid marriage and the legal consequences that flow from it. To ignore the differences among cohabiting couples presumes a commonality of intention and understanding that simply does not exist. This effectively nullifies the individual's freedom to choose alternative family forms and to have that choice respected by the state.
So, I would say she cannot make a claim on the house, but it may still depend on what argument she, or her lawyer, is trying to make.
Family Law Act R.S.O. 1990, CHAPTER F.3 PART II MATRIMONIAL HOME
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f03_e.htm#BK18
Nova Scotia (Attorney General) v. Walsh, 2002 SCC 83 (CanLII)
http://canlii.org/eliisa/highlight.do?language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/scc/doc/2002/2002scc83/2002scc83.html
What else can I help you with?
You live in Ontario Common law marriage starts 3 years after cohabitating with someone Is that when spousal support ends?
In Ontario, common law relationships begin after three years of cohabitation, but this does not automatically dictate the end of spousal support. Spousal support can be awarded based on various factors, including the length of the relationship, financial dependency, and the recipient's needs. Even after a common law relationship ends, one partner may still be entitled to spousal support depending on the circumstances. It's important to consult a legal professional for specific advice regarding individual situations.
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What is the most common type of vegetation in the central area of both southern Canada and the US is?
The answer is Ontario Canada
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Yes, stick insects are common in eastern Ontario. The only variety we have in Ontario is the "Walking Stick" (Diapheromera femorata). A good basic insect book to learn more about insects of Ontario is Bugs of Ontario by J. Acorn.
What are the common features of Ontario Canada?
In terms of nature, rocks and trees and tree and rocks.
How did the common loon become Canada's national bird?
It didn't. As of 3 May 2008, Canada has no national bird.cxjzrtauittryszrtsuturtudtusdtyiytioiod
How can the ciitizens remove a premier of Ontario Canada?
In Ontario, Canada, citizens can remove a Premier through a couple of mechanisms. The most common method is by voting them out in a provincial election; if the Premier's party loses the majority of seats, they typically resign. Additionally, the Legislative Assembly can initiate a motion of no confidence, which, if passed, can lead to the Premier’s resignation or the calling of a new election. However, such motions require significant political support and are less common.
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Tim Horton's is a common fast food restaurant in Canada.
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New York State shares a common border with both Ontario and Quebec.
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When was 1st Common wealth games played?
The first commonwealth games was held in 1930 under the title of the British Empire Games in Hamilton, Ontario, Canada.
