When am I considered to be in a “common law” marriage in Nova Scotia?

When am I considered to be in a “common law” marriage in Nova Scotia?

In Nova Scotia, the definition of “common law marriage” is different depending on why the designation is needed.

For example, for income tax purposes, the CRA defines a common law partners as any couple who are not legally married, but have been living together for at least 12 months, or are living together and have a child together.

Read More

My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

There are some risks and some benefits when adding an owner to real property in Nova Scotia. People sometimes add their adult children to the deed to property whom they wish to have inherit, to avoid the complication of probate. Because common law partners are not protected by the Matrimonial Property Act (which protects the home that legally married people live in, even if only one of them is on the deed), some people will add their common law partner to the deed to achieve the same protections.

Read More

My common law spouse and I are separating in Nova Scotia. What do I need to do?

 My common law spouse and I are separating in Nova Scotia. What do I need to do?

Separation can be a very emotional time. Even when people part ways on good terms, it can be difficult to make rational decisions. If possible, we recommend contacting three key professionals – a therapist, an accountant, and of course, a lawyer.

Because common law spouses aren’t protected by the Matrimonial Property Act (the law that talks about how married people’s property is divided), a separation agreement is usually the way that most common law partners resolve the division of assets and debts

Read More

How Do I Add my Common Law Partner to the Title of my Nova Scotia home so they are an Owner too?

How Do I Add my Common Law Partner to the Title of my Nova Scotia home so they are an Owner too?

Jane Doe purchased the property a number of years ago and is currently the sole owner. Several years remain on the mortgage. Jane wants to make sure her common law partner would become equal owner of the house, and would get it outright with as few complications as possible, if Jane died. Learn how to make it happen!

Read More