Saturday, October 17, 2009

Selling while Living Common Law

In Canada there are defined rules about marital Assets and Common Law is a topic of concern for many couples. No matter the length of the relationship, the original owner retains legal control. Take this high profile case and apply it here; What would you do?

Wang, 33, was arraigned and released on her own recognizance. She is due back in court Jan. 14. The complaint alleges that the couple were arguing inside their apartment at 101 West 24 St. at 1 a.m. on Sept. 15 when Wang struck English in the face with a watch, causing a cut that required seven stitches. Wang faces up to seven years in state prison on the assualt charge, and one year in jail on the weapon charge.

What a difference a few weeks makes. Wang and English had dated for two years, and were scheduled to get married Oct. 3 at the St. Regis Hotel in New York. But English had second thoughts and phoned Wang to cancel just hours before they were due to get hitched. English revealed in an interview with the Globe earlier this week that he and Wang had been having problems, that she had hit him during arguments, including the episode with the watch.

English didn’t file assault charges immediately, but decided to do so Monday after Wang told the New York Post that she’d been dumped on the day of her wedding and then booted from the New York apartment she shared with the chef.

Stan Gelman, Lawyer Divorce and Family Law in Mississauga adds his perspective;

Simply put; A common law spouse has no property rights. The Spouse on Title could place the property for sale at their sole discretion and keep the entire proceeds. Where would you live?

If you find yourself needing or wanting a new place to hang your hat or move your shoe collection, give me a ring.

As always, add your housing Horror story, we learn through experience.

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