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Have lived common-law since 2002. A year ago we had a child and bought a house.
House is in my name. Spouse does contribute financially but I am primary provider.
I am the woman in this realtionship.
Current childcare arrangment is that spouse cares for child during week one day, I do one day and we have 3-day nanny.
Would I have to pay him anything out regarding the value of the house?
What are my options regarding custody of our child / access?
What are our options regarding sorting all of this out - I would prefer to do this in the least confrontational manner, least expensive (neither of us are high earners) and one that bodes well for the future as we continue to raise our child.
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- Joined: Thu May 24, 2012 10:04 am
Unmarried couples in Ontario do not have automatic rights to a division or equalization of property on separation (unlike married couples, who do have the right to an equalization of net family properties on separation or death) If your partner is to make a claim it would be under the common law wherin he might claim that he has made contributions to your property and that it would be unjust for him not to be compensated for those contributions.
You did not ask about this but I point out that unmarried couples who have cohabited for 3 years have the same right as married couples when it comes to spousal support. And child support is required no matter how long you have been together (and even if you were never together).
The options with respect to custody and access are limitless---you and the child's father can agree on any arrangement that works for the two of you and for the child. On the other hand, if you go to court, the judge must decide what arrangement is in the child's best interests and will impose it upon the two of you.
You can sort all of this out by completing a separation agreement with the assistance of a lawyer for each of you. If there are issues that you cannot agree upon, you may consider mediation to assist you in completing the agreement. Court is a last resort only.
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