Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
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.
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If you’ve separated from your spouse or common law partner in Nova Scotia, a separation agreement is the easiest way to deal with all of the financial parts of separating, especially if you can agree on the terms. Your bank will also likely require a formal separation agreement, with independent legal advice before allowing you to remortgage your home.
Before signing a separation agreement, there are pieces of information you should share with each other, to make sure that you know what you are agreeing to. Lawyers call this information “disclosure” and it can be the most important part of coming to a fair agreement.
The most important disclosure is about income. At the very least, you should have a copy of your ex’s tax return for the last tax year, or a statement of income, like a T4, that shows how much money they made in the previous year, before taxes. Ideally, you would have the last three years of tax returns, and a copy of their most recent pay stub, if they have one, so that you know what their income is currently, and what it is usually like. You should provide the same information to your ex.
The next most important disclosure is pension information. In Nova Scotia, most pensions also allow common law spouses to make claims to their ex’s pensions when separating. If you are being asked to agree not to make a claim to your ex’s pension, you should know how much you could be entitled to, before signing an agreement. If you have a pension, that same information should be given to your ex, as they have the same rights.
There are other items that are also good to have, particularly if you are legally married, as section 4(1) of the Nova Scotia Matrimonial Property Act says that any assets owned by one spouse (or both spouses together) are “matrimonial assets”, which are presumed to be divided equally between the spouses if they separate. There are some exceptions, so it is always a good idea to get legal advice, as well as disclosure, especially if you or your spouse have any of the following:
Shares in a company, or ownership of a business;
Real property (land & houses) besides the one you live in as a married couple;
Investments (like TFSA, RRSP, mutual funds, bonds, etc);
CRA or other debts in one spouse’s name; and/or
Vehicles, machinery, etc., of significant value.
Any time you are asked to sign an agreement or contract, you want to make sure that you know what you are getting and what you are giving up when you sign it. In Nova Scotia, a separation agreement is a legal document, and can be registered with the court, which give it the status of a court order. Once signed, you can only change the terms if the other person agrees to do so or the court orders the changes.
Not understanding what you were entitled to is not generally a valid way to get out of a binding contract. That said, it is an argument that people make, so it is strongly advised to have both you and your ex obtain independent legal advice (and a document proving that you did so), so that if your ex wants to say they didn’t understand, you’ll have proof that they did get legal advice.
For a bit more information on what is involved in getting ‘Independent Legal Advice’, check out our blog: Why is my Nova Scotia bank requiring me to get “Independent Legal Advice”?
By: Anastacia DesLauriers – Lawyer
Have Questions For Us?:
If you have any questions about Family Matters you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matter Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice, including a written summary of your options, before deciding whether or not you'd like to retain us.
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers
A “prenup” (or prenuptial agreement) is a form of marriage contract, usually signed prior to getting married, and in anticipation of getting married in the future. However, a marriage contract can also be signed after the marriage, and a version of this type agreement, called a “cohabitation agreement” can be signed by any couple either in anticipation of living together, or after they have already started living together. Whether or not they ever plan to get married.
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The Purchase and Sale Agreement is signed. Your Realtor says you need a lawyer for the next step but of course you don’t ‘have a lawyer’. How do you figure out which lawyer to hire?
Buying or selling a home in Nova Scotia is likely to be one of the largest financial transactions of your life. Having a team of professionals you can trust to safely guide you through the process is key to a successful and stress-free closing.
Here are 7 important questions you can ask when deciding which lawyer to trust with your transaction:
How many years has the lawyer been doing real estate transactions?
Unfortunately, there are a million ways what should be a simple real estate transaction can go off the rails if a tiny detail is missed. Choosing a lawyer with lots of experience can help you avoid falling victim to a beginner’s oversight.
Does the law firm have a litigation lawyer on staff to consult with in case there are issues with the closing? Or to work with after the closing if an issue arises?
The reality is, sometimes issues do arise. It is critical that you know your rights and options. A quick consultation with a litigation lawyer will arm you with the information you need to ensure you are making the best decision based on the facts at hand.
Will you get to meet with the actual lawyer or will you only meet with/communicate with an admin support person like a paralegal?
Some firms have more support staff than lawyers so it’s important to understand who will actually be running point – particularly around closing day if there’s an issue.
What is the total cost of the transaction?
Be sure that you are getting a quote on ALL of the associated costs. Some firms have a very low ‘legal fee’, but end up costing more because they have inflated other fees (eg. file opening fees, bank fees, couriers, cheque fees).
How can you pay?
Some firms still require payment by cheque or direct deposit into their accounts via money order, while some more modern firms are set up to accept credit card, debit or etransfer.
Is the firm you choose is located somewhere convenient for you? Do they offer convenient, free parking?
You will have to go to the law firm to sign original paperwork. Double check that the location works for you.
How does this firm generally communicate?
Some firms still call every time they need something. If a quick email that you can respond to when its convenient to you is more your speed, be sure to confirm that will be an option. On the flip side, some lawyers are impossible to reach on the phone. You also want to confirm whether you will be able to speak to a real human if a time sensitive issue arises or if there is just a question that is easier to deal with on the phone.
One place to start, is to ask your Realtor for a lawyer referral. In Nova Scotia, if a Realtor provides you with a referral, they are required to give you at least three names. Don’t be shy to ask your Realtor the questions above and why, specifically they are referring the lawyers they provided. The fact that the lawyer invites the Realtor to go golfing with them is not a great reason for you to choose that lawyer.
Buying and selling a home in Nova Scotia is a big deal, and not something most people do often. We get that. When you work with us, our team will guide you through the entire process step by step. When you have questions along the way, we’ll take the time to fully explain the answer. And if something unexpected comes up, we’ll be your voice. We’ll make sure things are resolved quickly and in a way that you find acceptable.
Check out this video series with helpful tips to ensure a smooth closing.
By: Briana O’Grady – Lawyer
Have Questions For Us?:
If you have any questions about Family Matters you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matter Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice, including a written summary of your options, before deciding whether or not you'd like to retain us.
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers
Judgment Orders from other jurisdictions (like other Provinces or Countries) are not automatically enforceable in Nova Scotia. To enforce the Order, you first must have the Nova Scotia courts recognize and register it here in Nova Scotia.
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Buying or selling a home in Nova Scotia can be a stressful and hectic time, especially in the days leading up to and on closing day. Here are 4 helpful tips to consider when making plans.
Be available! Don’t plan to be away in the days leading up to closing. That is when we need you to sign your original documents in person. We also strongly encourage you to do the closing day walk through yourself, rather than asking your Realtor to do It for you.
Be accessible! If you do have to be away due to work, or moving from or to another province keep a close eye on your emails and phone – last minute things might pop and it is much easier to deal with if you are reachable.
Do not plan to close on the day before a long weekend or over major holidays – not only is it risky because your closing will be pushed extra days if closing is delayed by one business day, but often the experienced staff at the bank or those familiar with your file might be on vacation and could result in hiccups in your closing process.
Don’t plan your moving truck or contractors for closing day! A house is considered to be closed “on time” if you get your keys by 4:59 PM – so it is strongly recommended that you do not make any plans for the actual closing date.
Have Questions For Us?:
If you have any questions about your real estate transaction, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.
By: Briana C. O’Grady– Lawyer
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers
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 MoreSeparation 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 MoreIn Nova Scotia, a Power of Attorney and Personal Healthcare Directive are documents you can use to appoint someone else to make decisions for you. The documents can come into effect right away or only upon your incompetence. The Power of Attorney appoints someone to take care of your property and finances. Your Personal Healthcare Directive appoints someone to take care of you, personally, specifically your medical and healthcare needs.
Read MoreIn Nova Scotia, all things ‘Power of Attorney’ are governed by the recently updated (July 2022) Powers of Attorney Act.
The Act tells us that in order for a Power of Attorney executed after July 2022 to be valid, the donor’s signature must be witnessed by not just one, but TWO witnesses.
The following criteria must be met for the witnesses to be eligible:
Read MoreThe Act tells us that as long as the donor is over the age of majority (19+ in Nova Scotia) and still competent (See our blog on the level of competence required if you aren’t sure) a person can still grant their Power of Attorney even if they can’t physically sign it themselves.
Read MoreIn Nova Scotia, all things ‘Power of Attorney’ are governed by the Powers of Attorney Act. The Act tells us that in order have the ability to act as your Attorney under a Power of Attorney the person you wish to appoint must:
Read MoreNova Scotia Probate Court Can Require an Executor or Administrator to Post Security Prior to Opening the Estate
The Nova Scotia Probate Court can require a person applying for a Grant of Probate (Executor, when there is a Will) or a Grant of Administration (Where there is no Will) to post security in the amount of 1.5 times the value of the deceased person’s estate. Most commonly, this happens where there is no Will or the Executor(s) reside out of Province.
Read MoreAll things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act. The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:
Read MoreAll things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated Nova Scotia Powers of Attorney Act. The default is that a person is presumed to be capable of making a power of attorney. However, sometimes by the time a person, or their loved one, realizes a Power of Attorney document would be helpful, it’s uncertain whether the person has the required competence to make a Power of Attorney.
Read MoreSo, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of. What does that mean?
Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.
Read MoreIf you have rights to a property in Nova Scotia, usually by way of the Matrimonial Property Act, but you are not an official owner on title to the property, the owner of the property must get your consent before they can sell or encumber it (like a mortgage or line of credit). In almost all of these circumstances, you will have to sign the legal paperwork as the ‘Releasor’, meaning you are releasing your right to prevent the property from being sold or encumbered.
Read MoreJane 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 MoreWhat is a co-habitation agreement?
A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.
Read MoreThe answer to that question, unfortunately, is a giant, “It Depends.”
The most common way a Right of Way easement is created are 1) grant 2) necessity or 3) prescription.
The first thing to determine is whether the property you are traveling over has been migrated to the new land registration system yet or not.
Read MoreT 902.826.3070
F 902.826.1694
E info@highlanderlaw.ca
5288 St. Margaret's Bay Rd.
Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
B3Z 2J1
