I was wondering about subpoenaing text messages from a phone, would have to do with infidelity, possible

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Customer: I was wondering about subpoenaing text messages from a phone, would have to do with infidelity, possible separation...the phone is my girlfriends/common law wife but is under my contract
JA: What state are you in? It matters because laws vary by location.
Customer: Province of PEI Canada
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Joey in 5 mins 11 months ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

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Joey, Expert

Good morning – sorry to hear about the situation. If she owns her phone, then she is not obligated to surround it to you unless you have a court order. It is unlikely a court would order her to surround her phone given infidelity is not a crime. If the cellular service is under your name, then can inquire with the cell company for any call/text records they may have.

Does that help answer your question today or did you have any follow up questions?

Customer
OK thanks I'll give you a bit more info. It's a common law partner situation, I heard rumors of an affair, she denied it but I found text messages, this was winter/spring 2021, this summer heard rumors again but was denied again, I recently got more information but it's just word of mouth but reliable from someone else that's involved in the situation, but no proof the proof they seen was text messages to the other person involved in the affair but messages are now gone... I moved her and her kids into my house and supporting them but if I break up with her I'm sure she want half of everything
Customer
The records would only show the number texted and not the content correct?
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Joey, Expert

There is no automatic right to property division for common-law couples in PEI. That's only for married couples.

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Joey, Expert

Correct. Just the number texted (assuming it's a SMS and not imessage or some other messaging app).

Customer
You sure common law isn't basically the same?
Customer
Just always heard that maybe just hearsay too
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Joey, Expert

https://legalinfopei.ca/wp-content/uploads/2020/09/Living-Together_FAM11.pdf

"This equal division law does not apply to common law spouses. When common law spouses separate, the person whose name is ***** ***** deed or receipt may be the only one entitled to it."

Customer
OK well that's a plus, still in a bind not knowing the truth and not able to make the right decision, the messages to the number aren't the issue the content is but thanks for your time
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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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