Rant VII: Now With 25% Less Drama

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Dave

Staff member
While the US has been covered by our Forum Legal Beagles, let me clarify Canadian, more specifically British Columbian Common Law (which is the fastest growing segment of marriage in Canada)

According to the Canada Revenue Agency, as of 2007, a common-law relationship is true if at least one of the following applies:
  1. the couple has been living in a conjugal relationship for at least 12 continuous months;
  2. the couple are parents of a child by birth or adoption; or
  3. one of the couple has custody and control of the other partner's child (or had custody and control immediately before the child turned 19 years of age) and the child is wholly dependent on that person for support.
In British Columbia, a person who has lived and cohabited with another person, for a period of at least two years is considered a common law spouse.


Now while there's no presumption of joint ownership of ownership of assets, if one party makes a material contribution to the asset of another, entitlement may exist. Case law has suggested that being a homemaker, for example, is enough of a contribution to a home to qualify for joint ownership.
You know nothing of the law and should STFU, even though you cited sources and were right.
 
So hmm, again I find it hard to see how someone could prove or disprove common law marriage since there are no legal documents binding the person there. I mean imagine if one person paid the bills/rent/house payments and the other didn't have their name on anything. I find it hard to believe that person could have any kind of legal ground to stand on in court to claim anything.

Also, I'd be interested to know what the exact criteria would be for it to be even considered a "legal divorce" with paperwork available (one was paying the bills/recieving mail while the other was making home payments). 1yr? 5yrs? 10yrs? I know each state is different but what would Texas' be?

Yes I'm playing all kinds of deviant thoughts in my head in regards to this.
 

GasBandit

Staff member
So hmm, again I find it hard to see how someone could prove or disprove common law marriage since there are no legal documents binding the person there. I mean imagine if one person paid the bills/rent/house payments and the other didn't have their name on anything. I find it hard to believe that person could have any kind of legal ground to stand on in court to claim anything.

Also, I'd be interested to know what the exact criteria would be for it to be even considered a "legal divorce" with paperwork available (one was paying the bills/recieving mail while the other was making home payments). 1yr? 5yrs? 10yrs? I know each state is different but what would Texas' be?

Yes I'm playing all kinds of deviant thoughts in my head in regards to this.
Here's a website to help people in this exact situation in Texas -

http://nofaultdiv.com/texas_commonlaw.html
Added at: 12:19
If you get married by moving in together and holding out to the community, you may or may not have to get a divorce. In Texas, you have to meet four conditions for that type of an informal marriage:

(1) - You both have to be over the age of 18.

(2) - You have to live together. That doesn't mean just shacking up. That means sharing a residence where you both actually live and consider to be your home.

(3) - You have to hold out to the community as being husband and wife. That means such things as introducing one another as, "My husband," or "My wife," or signing leases together as Mr. and Mrs.

(4) - You have to consider yourselves married.
I don't know if the above bolded (and even reddened, it IS texas after all...) applies...
 
Now that's just fantastic.

Without a written court document, the only other way is if you walk around announcing you're married? Hilarious.

So yeah, any assets that were under one person's name would be 100% safe in case of a seperation without a legal document in Texas. That's both good and bad news for my ideas.

Good in the sense that I never have to worry about my assets but bad in the sense that a few cons that came to mind would not work out very well.
 

GasBandit

Staff member
There'd probably be some testimony/affidaviting from witnesses in the divorce proceedings from other people in the community to attest to your being cohabitated and carnal. And they'd probably want things like pictures and letters... judging from similar but unrelated experiences I've heard about second hand.
 
M

makare

Why wait?

"You cited a website that you skimmed at best and certainly did not understand. I know this because everything you were saying was wrong. There is a lot more to "the law" than just the "laws on the books". There is also a near infinity of cases that greatly affect how those laws are interpreted and how much weight each is given as well as public policy that is also used to interpret those laws. You do not know any of those things and that is why it is pretty pathetic that you keep asserting that you are right when you are most definitely wrong. It is also sad that you insist on arguing with the one person on the board who actually knows what she is talking about in relation to US law.

That is of course why I won't be arguing with Adammon about anything because I do not know anything about Canadian Law. See how easy it is to actually admit you don't know something? You should try it sometime"

There it is!


Being a law student means you learn about the law and I am not some first semester law student either. I have covered two and half years learning about the law related to family law and divorce so if Dave think he knows more than that because he found a website.. I guess I don't know what to say about that.
 
Really disillusioned with the court system and humanity right about now.
The court system didn't do anything wrong. Rick just laid down and let her steamroll him. She went on the attack and took him for everything she could get. The divorce obviously mirrored their marriage.

So, yeah, humanity sucks. But did you or Rick expect the court system to stand up for him? They aren't a backbone - he has to assert his own.

honestly, you can get just as much satisfaction and enjoyment from a person in your life without putting your legal life on the line.
Tell yourself whatever helps you sleep at night...

:popcorn:
 
There it is!


Being a law student means you learn about the law and I am not some first semester law student either. I have covered two and half years learning about the law related to family law and divorce so if Dave think he knows more than that because he found a website.. I guess I don't know what to say about that.
Okay, your honor. From this point on you had better not ever say a fucking thing about history. You see, as a history teacher with a degree to match, I now know everything that ever happened throughout history. You couldn't possibly match that, so you should stfu and never discuss it around here. And when it comes to chemistry or biology, I would make sure to never say a thing. Mathias has you covered there. Geology? I believe fade is a professor of geology. The radio industry? GB has that one down, so you had better not discuss a single thing about what you hear on the radio.

And so on, and so forth. I fully expect you to make sure you only discuss the topics with which you are certified to discuss. Anything else would be talking about something you don't know, and you should stfu accordingly. Seriously.
 

Dave

Staff member
Or I was having a go at you because you are easily riled, thin skinned and nobody I would EVER hire for anything even remotely sensitive whether legal or personal. You are so far out of reality that you think everything in your own twisted little world has either weight or merit. Between snickers at your discontent I intermix both derision and pity. I started out in a joking manner but again you've managed to insert your own idiocy. Congrats.
 
Or I was having a go at you because you are easily riled, thin skinned and nobody I would EVER hire for anything even remotely sensitive whether legal or personal. You are so far out of reality that you think everything in your own twisted little world has either weight or merit. Between snickers at your discontent I intermix both derision and pity. I started out in a joking manner but again you've managed to insert your own idiocy. Congrats.
Mathias seems to have found Dave's password; strange.
 

Dave

Staff member
And this is really, really hard to do on an iPod in a hospital room. I can't type well on a good day with a keyboard so this point & push sucks.
 
The conversation she started with me began with "Dear elderly infant". I owe her no courtesies.
Oh no, I would never assume otherwise. I just suspect that this thread would look better as

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Shegokigo comment


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for all parties.
 
@Steinman - I sleep fantastically every night actually, thanks for mentioning it. I stand by my opinion though, legally getting married does nothing different that being emotionally commited to another person other than superficially. The only reasons I can think of, requiring any kind of legal document for marriage is that if it came to a Hospital or Financial issue. Otherwise it's just a socially accepted ancient ritual that seems pretty ridiuculous (to me). It's like Religion I guess. If it makes you happy to create emotion from something, and it makes you happy, regardless of fact, then by all means don't let me stop you. Just don't try and convince me otherwise cause you're going to look like a guy on the corner with a doomsday sign screaming "REPENT".
 
M

makare

Okay, your honor. From this point on you had better not ever say a fucking thing about history. You see, as a history teacher with a degree to match, I now know everything that ever happened throughout history. You couldn't possibly match that, so you should stfu and never discuss it around here. And when it comes to chemistry or biology, I would make sure to never say a thing. Mathias has you covered there. Geology? I believe fade is a professor of geology. The radio industry? GB has that one down, so you had better not discuss a single thing about what you hear on the radio.

And so on, and so forth. I fully expect you to make sure you only discuss the topics with which you are certified to discuss. Anything else would be talking about something you don't know, and you should stfu accordingly. Seriously.

Actually that was my next point. I don't argue with Mathias about biology or Fade about geology or Dave about whatever it is he does. But the law? Hell yes I have earned the right to talk about that. In fact based on the knowledge I have in the area of family law within 8 months I am going to be able to charge people to give advice in that area. And yet I still have to deal with "you're just a law STUDENT" "uh uh I found a website that uh says blah blah" as if that is supposed to mean anything. And I didn't say I knew everything about law but I did point out that I studied Family law for a few years and so, to most people, would have shown that I do know what I am talking about. But Dave is incapable of just admitting he is wrong.


For example, I would never give advice about secured transactions. My god I still don't get that shit. If someone asked me about that I'd probably run away screaming. That class was ass rape. Stupid financial code.



Or I was having a go at you because you are easily riled, thin skinned and nobody I would EVER hire for anything even remotely sensitive whether legal or personal. You are so far out of reality that you think everything in your own twisted little world has either weight or merit. Between snickers at your discontent I intermix both derision and pity. I started out in a joking manner but again you've managed to insert your own idiocy. Congrats.
I started out just trying to explain the law and you argued with me. And then you turned it stupid. If your goal was to troll me then I guess, my bad you succeeded. But only because I made the mistake of taking the things you say seriously. I'll try not to make that mistake again.

Sorry for riling everyone up. I'm just pretty disillusioned today.
You didn't do anything wrong. Again I am very sorry that your friend had to go through that. I wish I had a way of helping him because it sounds like he just plain got screwed. I hate to see that. Did he have a lawyer? I am amazed at how that all turned out.
 
The court system didn't do anything wrong. Rick just laid down and let her steamroll him. She went on the attack and took him for everything she could get. The divorce obviously mirrored their marriage.

So, yeah, humanity sucks. But did you or Rick expect the court system to stand up for him? They aren't a backbone - he has to assert his own.
I'm not so much implying the court system did wrong, just that it's possible to drag a proceeding out for so long the only reasonable solution becomes to settle for being railroaded just to get the process over with. Rick's lawyer even told him he was being a doormat (and he was, constantly), but he also said that unless he settled Jill's lawyer could keep the thing in litigation for years, just because.
 
M

makare

Because I am me I am mostly sad to hear he lost his dogs. That is sucky. Does she at least love the dogs or was it a purely spite thing?
 
Holy shit, you're completely impervious to logic. I wasn't actually arguing that people can't discuss history with me. I was pointing out how pompous and obnoxious that was. Jesus.

Listen, when I made that comment about you being a law student, I wasn't questioning your knowledge. I was questioning the amazing amount of arrogance you displayed. Like most students, you've made the classic mistake of suddenly thinking you're an unassailable authority in your field. Guess what? You're not. You still have much to learn, just as I have much to learn about history.

So don't dismiss other people because they disagree. Don't tell people they need to "stfu. Seriously." because they've challenged your grasp of the subject. Either calmly lay out your argument to show that you're right, or let it go. Pounding your chest and declaring yourself to be the final word on the subject just makes you look like a giant asshole. And it doesn't actually prove anything about what you know. It only proves how little you know, especially when it comes to talking to other people.
 
I'm not so much implying the court system did wrong, just that it's possible to drag a proceeding out for so long the only reasonable solution becomes to settle for being railroaded just to get the process over with. Rick's lawyer even told him he was being a doormat (and he was, constantly), but he also said that unless he settled Jill's lawyer could keep the thing in litigation for years, just because.
Ok, yeah, that I agree with. There should be something that prevents either party from drawing it out. I would have encouraged Rick to force her to pay for his lawyer fees as well, if she continued to use delay tactics.
 
M

makare

Holy shit, you're completely impervious to logic. I wasn't actually arguing that people can't discuss history with me. I was pointing out how pompous and obnoxious that was. Jesus.

Listen, when I made that comment about you being a law student, I wasn't questioning your knowledge. I was questioning the amazing amount of arrogance you displayed. Like most students, you've made the classic mistake of suddenly thinking you're an unassailable authority in your field. Guess what? You're not. You still have much to learn, just as I have much to learn about history.

So don't dismiss other people because they disagree. Don't tell people they need to "stfu. Seriously." because they've challenged your grasp of the subject. Either calmly lay out your argument to show that you're right, or let it go. Pounding your chest and declaring yourself to be the final word on the subject just makes you look like a giant asshole. And it doesn't actually prove anything about what you know. It only proves how little you know, especially when it comes to talking to other people.

I told him what the law said and why I know what the law says. WTF more do you want? I do discuss those topics but if the people who actually KNOW come in and point out I am wrong I say oh not but this website says or blah blah. If I don't know something I admit I don't know it. I'd actually prefer people who knew came and told me things rather than go searching through questionable sources anyway.

And I only told Dave to stfu in the serious hope that he WOULD. I question the source Gas posted too but at least HE wasn't being an ass about it.
 
Because I am me I am mostly sad to hear he lost his dogs. That is sucky. Does she at least love the dogs or was it a purely spite thing?
I sincerely hope she loves the dogs, but she's long since abandoned making logical sense in my mind. One of the dogs he owned since before they got married, and the other was a birthday present from her to him two years ago. So...yeah.
 
M

makare

I hugged you but it was for him and the dogs. That's so awful. I am just pissed about it. Glad he at least has the positive feeling of relief going for him.(i know that sounds weird hope you know what I mean)
 
I hugged you but it was for him and the dogs. That's so awful. I am just pissed about it. Glad he at least has the positive feeling of relief going for him.(i know that sounds weird hope you know what I mean)
Oh, I know, we partied last night like it was 1999 (because that was the year before they got together).
 
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