Not exact matches
When a person dies and has no surviving spouse or a
common law partner, who can inherit the property, then all his non-registered assets is deemed to be sold.
What many people don't realize is that
when common -
law partners call it quits, their assets might be divided and one party might have to pay spousal support.
The language was made au courant in 2001
when the CRA added in «
common -
law partner,» in addition to «spouse.»
However, «If you delay your pension, your spouse or
common -
law partner can apply for the Allowance
when you apply for your OAS pension.»
This is because
when your spouse has low or no income, you get to claim a spouse or
common -
law partner amount on your tax return.
When funds are withdrawn from the spousal RRSP, they are taxed in your spouse's or
common -
law partner's hands at his or her lower tax rate (this arrangement is subject to special rules to prevent abuse).
+ read full definition return
when you or your spouse or
common -
law partner gives money or other property to a registered charity or other qualifying organization.
Paul Fruitman, a
partner at Lax O'Sullivan Lisus Gottlieb LLP, says
when you effect a settlement, you «not only have settlement privilege which is a
common law right but you also have, typically, a settlement agreement that provides for confidentiality.»
Section 810 of the Criminal Code sets out that a peace bond may be ordered
when an information is laid before a justice or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or
common -
law partner or child or will damage his or her property.
The FHRMIRA applies to married couples and
common -
law partners living on - reserve
when at least one person is a First Nation member or an Indian (as defined by section 6 of the Indian Act).
In the meantime, nothing has changed; former
common -
law partners do not owe spousal support
when they separate.
The criminal
law has statutorily recognized the concept of breach of marital trust, in s. 718.2 of the Criminal Code of Canada, by requiring the sentencing judge to consider an increase in sentence where, as an aggravating circumstance, the offender abused his spouse or
common -
law partner when committing the offence.
Another important, often overlooked, issue
when dealing with
common law partners is the emotional baggage that some of their «old life» can bring with them, says Sullivan, which can include tensions around previous children, child support obligations to ex-spouses and the difficulties with blended families.
Stay tuned for part 2 of this mini-series on family
law tips for estate and trust practitioners,
when Toronto family lawyer Jennifer Samara Shuber explores spousal support, the death of a
common -
law partner and domestic contracts.