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Jessica
Consultant
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.
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?
Joey, Expert
There is no automatic right to property division for common-law couples in PEI. That's only for married couples.
Joey, Expert
Correct. Just the number texted (assuming it's a SMS and not imessage or some other messaging app).
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."
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.