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 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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Do Nova Scotia courts favour mothers in custody battles?

Do Nova Scotia courts favour mothers in custody battles?

Many people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.

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My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

If you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected in Nova Scotia by the fact that you have experienced abuse.

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I Don’t have a deeded Right of Way Easement. Do I have still the right to travel over someone else’s property or road to access my property?

I Don’t have a deeded Right of Way Easement. Do I have still the right to travel over someone else’s property or road to access my property?

The answer to that question, unfortunately, is a giant, “It Depends.”

The most common way a Right of Way easement is created are 1) grant 2) necessity or 3) prescription.

The first thing to determine is whether the property you are traveling over has been migrated to the new land registration system yet or not.

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What does my Nova Scotia Easement allow me to do?

What does my Nova Scotia Easement allow me to do?

A deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land. 

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What are my options if I was promised family land in Nova Scotia but the Will leaves the land to someone else?

What are my options if I was promised family land in Nova Scotia but the Will leaves the land to someone else?

The important thing to remember in a circumstance such as this one is that a person can only direct who inherits their estate assets with a Will. The critical question to determine is, did the property belong to the testator at the time of his death, or was he only holding it in trust for the person he promised it to?

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Condominiums: What is a reserve fund, and why should you care when buying a Condo in Nova Scotia?

Condominiums: What is a reserve fund, and why should you care when buying a Condo in Nova Scotia?

When you buy a condominium one of the things that you (or usually your representatives) look into is whether or not the condo corporation has a healthy reserve fund.

When you buy a condo unit, the vendor has to order what is referred to as an "estoppel certificate". This will outline the status of the fees for your specific unit, but it will also give you details about the reserve fund of the corporation.

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Can I appoint my child to be my executor in Nova Scotia?

Can I appoint my child to be my executor in Nova Scotia?

Many parents imagine their adult children handling their estate after they pass. However, often times Wills are drafted before the children are adults. The question becomes: Can I appoint my child as my executor in Nova Scotia even if they are still a minor?

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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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Why Estate Planning is Particularly Important for people in Common Law Relationships in Nova Scotia

Why Estate Planning is Particularly Important for people in Common Law Relationships in Nova Scotia

While people know that being in a common law relationship is not the same as being married, which automatically creates “matrimonial” rights and obligations for your spouse in the event that you pass away or require medial attention.

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Why you should personally do your closing day inspection when purchasing a home in Nova Scotia.

Why you should personally do your closing day inspection when purchasing a home in Nova Scotia.

After you buy a property (the money is exchanged and you take title), the transaction is considered “Closed”. This means you no longer have an opportunity to go back and negotiate with respect to issues you uncover with your new home. If you trust someone else (like your Realtor) to do the closing day walkthrough and they miss something important, your only recourse is to sue that person, not the people you bought the house from

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Why should I care about the Difference between Patent and Latent defects when I’m buying a property in Nova Scotia?

Why should I care about the Difference between Patent and Latent defects when I’m buying a property 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. From that logic, comes the rule that the current property owner only has to disclose latent defects to a potential purchaser.

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How Do I Protect Myself from ‘Invisible Issues’ when Buying a Property in Nova Scotia?

How Do I Protect Myself from ‘Invisible Issues’ when Buying a Property 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.

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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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How do I Calculate the Value of an Estate in Nova Scotia for Probate?

How do I Calculate the Value of an Estate in Nova Scotia for Probate?

If the estate requires Probate, the first document you submit to the court will require you to estimate the value of the deceased person’s estate at the time of their death. In many cases, assets may have been sold or money received into the estate after the person died, but for the purposes of calculating the value of the estate for Probate, you only include the assets as at the time of death.

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