When am I considered to be in a “common law” marriage in Nova Scotia?

When am I considered to be in a “common law” marriage in Nova Scotia?

In Nova Scotia, the definition of “common law marriage” is different depending on why the designation is needed.

For example, for income tax purposes, the CRA defines a common law partners as any couple who are not legally married, but have been living together for at least 12 months, or are living together and have a child together.

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I’m in a common law marriage in Nova Scotia. Can I sign a prenup even if we never get legally married?

I’m in a common law marriage in Nova Scotia. Can I sign a prenup even if we never get legally married?

A “prenup” (or prenuptial agreement) is a form of marriage contract, usually signed prior to getting married, and in anticipation of getting married in the future. However, a marriage contract can also be signed after the marriage, and a version of this type agreement, called a “cohabitation agreement” can be signed by any couple either in anticipation of living together, or after they have already started living together. Whether or not they ever plan to get married.

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My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

There are some risks and some benefits when adding an owner to real property in Nova Scotia. People sometimes add their adult children to the deed to property whom they wish to have inherit, to avoid the complication of probate. Because common law partners are not protected by the Matrimonial Property Act (which protects the home that legally married people live in, even if only one of them is on the deed), some people will add their common law partner to the deed to achieve the same protections.

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My common law spouse and I are separating in Nova Scotia. What do I need to do?

 My common law spouse and I are separating in Nova Scotia. What do I need to do?

Separation can be a very emotional time. Even when people part ways on good terms, it can be difficult to make rational decisions. If possible, we recommend contacting three key professionals – a therapist, an accountant, and of course, a lawyer.

Because common law spouses aren’t protected by the Matrimonial Property Act (the law that talks about how married people’s property is divided), a separation agreement is usually the way that most common law partners resolve the division of assets and debts

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Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act. The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:

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How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated Nova Scotia Powers of Attorney Act. The default is that a person is presumed to be capable of making a power of attorney. However, sometimes by the time a person, or their loved one, realizes a Power of Attorney document would be helpful, it’s uncertain whether the person has the required competence to make a Power of Attorney.

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My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

In Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.

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Spousal buyout? What is it – how does it work in Nova Scotia?

Spousal buyout? What is it – how does it work in Nova Scotia?

So, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of.  What does that mean?

 Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.

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Understanding Deed Transfer Tax When Purchasing Property in Nova Scotia

Understanding Deed Transfer Tax When Purchasing Property in Nova Scotia

If you considering buying a property in Nova Scotia it's crucial to understand the various costs involved, including the deed transfer tax. In Nova Scotia, this tax plays a significant role in the total cost of a real estate transaction .

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What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

Real Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.

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8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

I can't count the number of times a friend or family of a deceased person came into our office with a “do it yourself” Will that couldn't be used because something was done wrong or missing. In theory, online “do it yourself” Will kits are supposed to save you money. Unfortunately, in many cases, issues with these Wills end up causing the person left trying to manage the estate significant time, stress, and money in legal fees to sort out the problem.

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Nova Scotia Family Law Court Orders Aren’t Set in Stone

Nova Scotia Family Law Court Orders Aren’t Set in Stone

So you’ve been to Family Court Nova Scotia, negotiated a settlement, or received a judgment, and you are now have a Court Order setting out terms like parenting time, and child or spousal support. Hopefully that’s the end of it and you can carry on with your life. Unfortunately, life can change in ways your Court Order can’t predict. Maybe you or your children’s other parent has an amazing career opportunity in Australia. This would be great but your Court Order says you have 50/50 parenting time with the kids and they started high school in Halifax. If you have a good relationship with your ex you can probably work things out without involving lawyers or the courts. If not, well that’s what Variation Applications are for.

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Buying a Condo in Nova Scotia? Here's why you need an estoppel certificate.

Buying a Condo in Nova Scotia? Here's why you need an estoppel certificate.

When you are buying a home in Nova Scotia there are a lot of moving parts to the process. When you are buying a condominium, often you can count on adding a few more. One of the requirements specific to purchasing a condo unit is getting your hands on the estoppel certificate. It’s important to understand why you need one.

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What is a Nova Scotia Power of Attorney?

What is a Nova Scotia Power of Attorney?

A Power of Attorney is a document in which you appoint an “Attorney” who can exercise certain authority on your behalf. For example, you might sign a Power of Attorney authorizing someone to sign an agreement on your behalf because you are out of the country when it needs to be signed. It is important to note that “Attorney” in this context does not mean “Lawyer”. Your Attorney under your Power of Attorney can be anyone that you know and trust.

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What should be in my Nova Scotia Shareholder Agreement

What should be in my Nova Scotia Shareholder Agreement

A business run by multiple partners through a corporation in which you are all shareholders should have a shareholder’s agreement. Yes, even if you are all friends or family. In fact, it is perhaps even more important in that case! Business ventures sometimes fail and even the closest of friends can fight over how a business is being run. A shareholder’s agreement allows you and your partners to agree on many contentious points in advance of any problems arising while cooler heads still prevail.

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Why Should My Nova Scotia Contracts Be in Writing?

Why Should My Nova Scotia Contracts Be in Writing?

Verbal contracts are technically enforceable. You can go to court and obtain a judgement against someone who doesn’t respect a verbal agreement. So why bother getting it in writing? Here are a couple of basic reasons why everyone should use a written agreement instead of relying on a verbal agreement:

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Why Do I Need a Will in Nova Scotia?

Why Do I Need a Will in Nova Scotia?

Why do I need a Will?

It is important to explain the general purpose of Wills before outlining the reasons why you should consider getting one. A Will is your opportunity to decide what you would like to happen with your assets at your death. Generally, your Will can provide for an immediate distribution of your assets to your chosen beneficiaries (friends, family, and charities) or the distribution can be delayed using “Trusts” (a topic for another day).

There are four primary reasons why you should have a Will:

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Director's Liability: How Can a Director in Nova Scotia Ensure They Are Meeting Their Obligations?

Director's Liability: How Can a Director in Nova Scotia Ensure They Are Meeting Their Obligations?

The role of directors in a company and the liability they can incur by their actions is not often the subject of mainstream news reporting. It sometimes comes up when discussing corruption in large multinational companies. However, a recent local court decision has shone a light on this infrequently discussed topic. 

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Date of Separation – What does it mean for Nova Scotia couples?

Date of Separation – What does it mean for Nova Scotia couples?

In most cases, people can agree on the date of separation. When my clients ask me how to decide when they were separated I ask them when they stopped acting like a married couple. There is no one thing that marks a separation definitively (although one person moving out is usually a pretty good indication).

 

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