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Unmarried Couples
My boyfriend and I lived together for about 14 months. We each bought stuff in our own names, but we decided to buy a condo together. How can I get my share of our assets? (by M of Victoria, BC) I regret that you won't find my answer to be particularly hopeful or helpful. If your boyfriend died without a will, his property will be divided according to the terms of the Estate Administration Act. You do not qualify as a spouse under that act, and won't be able to inherit as is provided for spouses in that act. If you have any claim against his assets, it lies in a trust claim against his estate rather in the Family Relations Act or the Estate Administration Act. I've discussed trust law in the section on the division of assets and the section dealing with unmarried relationships. If you believe you have a claim against your boyfriend's estate, you should contact an estates lawyer immediately. Click here to go to the top of the page. If there is no sexual relationship, but a dwelling is shared together, as friends, can the friend, following the other's death, turn around and contest the will by claiming a common law relationship? (by D of Burnaby, BC) Well, I suppose the roommate could *try* to claim common law status! Honestly, though, common law status means living in a "marriage-like relationship" for a minimum of two years. In my section on unmarried couples, I talk about a test the court has established to determined common law status. It involves questions like: how did the couple present themselves to the world? did others see them as a couple? did they share a bank account? My point here is just that common law status is not automatic; if the roommate is making that claim, he or she must be able to prove the nature of the relationship. Click here to go to the top of the page. I had the paternal father of my 10 year old daughter declared unacknowledged on her birth certificate at time of birth. How do I go about getting sole custody of her? I do not know where her paternal father could possibly be. (by T of Courtenay, BC) If you don't know where the biological father is, and he hasn't tried to contact you, and he isn't on your child's birth registration, I honestly wouldn't worry about it. Under the Family Relations Act you are presumed to have sole custody and sole guardianship. Until and unless the birth father rears his head, you can leave things as they are. You already have sole custody of your child. Click here to go to the top of the page. My friend has been living with her boyfriend for 14 months. He's trying to kick her out of the house with nothing but the shirt on her back. Does she have any legal recourse? (by A of Vancouver, BC) Well, your friend is certainly entitled to take anything and everything that she brought into the relationship. She will also have a presumptive claim to anything she and her boyfriend bought together during the relationship. If both of their names are on the apartment lease, he doesn't have the right to kick her out. Unfortunately for your friend, the relationship was not married and lasted for less than two years, which means she won't qualify for any relief as a common-law spouse. If the place is his name, he has the right to ask her to leave. He does not have any right to keep any of her belongings, however. Your friend will also be able to take with her any gifts she received from her boyfriend. Those are hers, not his. Click here to go to the top of the page. Site Navigation
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