Family law in Alberta, Canada. No no steps. Nothing

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Customer: Family law in Alberta, Canada
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Answered by Debra in 27 mins 1 year ago

Debra

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra

163664 Satisfied customers

10+ years of experience

Debra

10+ years of experience

163664 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Debra, Expert

Please let me know the basic facts and then your specific legal question.

Thanks

Customer

Hi Debra, I live in Alberta with my common law partner of 6 years. We moved together from Ontario 4 years ago and are now living together. He has been emotionally and financially abusive towards me and my daughter therefore I am looking to divorce him. He had also maintains a relationship with a woman in Germany where he pays her money that I do not know about. I was wondering if you knew how that would work in Alberta as we are common law? Do I have the same rights as a married woman? Do I have a claim that is worth me divorcing. He does have a substantial amount of savings and I was financially abused to nothing.

Debra, Expert

Is the child his?

If not does he act like her father?

Customer

The child is not his as he never accepted her as his own officially. She is also over 18 at this point. I forgot to add that we live together in Toronto, Ontario where I supported his moving to Calvary so that he may keep a very well paid job. I however, had to leave my well paid job. I was wondering if I am entitled compensation for this? Also under the Family Property Act does he have the right to kick me out of the house at any point or do I have some rights to it?

Customer

Also I forgot to add, he does refer to her as his daughter but does not act like other fathers in the sense of care and awareness of her .

Debra, Expert

In both Alberta and Ontario common law spouses do not have property rights.

So this means there is no matrimonial home. It also means that you don't share the value of assets. You would only be able to claim an interest in the value of his assets if you contributed to their value.

At the same time common law spouses do have spousal support rights and so if you are earning less than he is he will have to provide you with spousal support at least for a while and possibly for 6 years.

Here is a link to an online support calculator you can use for free:

https://www.mysupportcalculator.ca/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer

Thanks, Debra

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