WHO IS CONSIDERED A “SPOUSE”?

For the purposes of dividing property and debt, two people are considered spouses if they were either married or living in a “marriage-like relationship” for at least two years. This might seem simple at first but can quickly become complicated. Courts have found that the period of living together does not necessarily have to be continuous, such as in cases where it has been interrupted for work or health reasons. It is possible for people to co-habit while maintaining two homes, if there was a rational reason for doing so.

The date a spousal relationship began is either the date of marriage, or the date that a couple began living in a marriage-like relationship, whichever is earlier.

FAMILY PROPERTY AND DEBT

The first step in determining how to divide property and debt is to establish what constitutes family property and family debt.

All property owned by either or both spouses on the date of separation is considered family property unless it is excluded. This might include the family home, bank accounts, pensions, interests in businesses, and RRSPs. Likewise, all debt owing by either or both spouses on the date of separation is considered family debt unless it is excluded.

There is a presumption that entitlement to family property and responsibility for family debt are to be shared equally between both spouses. This remains true regardless of whether the spouses used or contributed equally to the property or debt.

… Read the full article here: Dividing Property and Debt Upon Separation

To understand how this could happen, we need to look at Part XIII of the Income Tax Act, which concerns tax on Canadian income of non-residents.

THE LAW

Generally, non-residents are required to pay an income tax of 25% on any of a range of payments they receive from Canadian residents, including rent. This is an obligation on the landlord.

The issue for the tenant comes from the withholding and remittance provisions of the Act. To facilitate collection of the tax from persons who may be overseas and difficult to reach, s 215 requires the person paying the amount on which income tax is payable to withhold the amount of the tax and remit it to CRA on behalf of the non-resident person. In other words, the Act puts responsibility for paying the recipient’s tax on both the recipient and the person paying (in a tenancy, the tenant). S 215(6) makes the person paying liable to pay on behalf of the non-resident person the whole of the amount that should have been withheld.

Unfortunately, many people are unaware of this shared obligation and consequent liability.

… Read the full article here: 2024 Decision Brings New Perils for Tenants: Beware the Non-Resident Landlord

Separation occurs when one spouse communicates their intention to separate and takes actions that demonstrate that intention. This applies even if both spouses continue living under the same roof. Mutual agreement is not required; one spouse’s clear communication and corresponding actions are sufficient.

What Does This Look Like?
To separate, you must first communicate your intention to end the relationship. This can be done verbally or in writing, such as through a text message or email. While written communication is not legally required, it serves as useful proof if there is a dispute about the separation date. The wording does not have to follow a specific format, but it must clearly indicate that the relationship has ended .

After communication, it is important to take steps that demonstrate your intention to separate. You could take a large step, like moving out of the home, or something smaller like sleeping in separate rooms. Other actions might include opening a personal bank account, managing your own expenses, and no longer sharing meals. Informing family and friends about the separation can also help establish that the relationship has ended. The key is to ensure that your actions consistently align with your stated intent to separate.

… Read full article here: How Do I Legally Separate from My Spouse?

One of the terms on the agreement was to have an expert assess the settlement to make sure the child would be eligible for government sponsored funding. When the expert advice came, the parents disagreed. This led to the mother taking the position that the settlement was not binding and the case was brought to court for resolution.

Read more about this commentary: Parents’ Settlement Agreement Falls Apart Due to Expert’s Input 

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Read the full commentary: Limitation Periods: When was the Claim “Discovered”?

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• which laws apply,
• how couples can reach agreements, and
• how to deal with issues involving children and money.

The easy-to-understand information and visuals point readers toward next steps and further resources.

Download the Family Law in BC: Quick Reference Tool [PDF]

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Get more information by visiting Family Law in BC.

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Download Now You’re Talking [PDF]

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Read the full commentary: The Ever Expanding Definition of Spousal Relationships