Can a married couple live separate and apart while still occupying the same residence?
Nova Scotia, Canada
The following excerpt is from Blue v. Blue, 2006 NSSC 369 (CanLII):
It is possible to conclude that a married couple are living separate and apart while still occupying the same residence. As noted in Taylor v. Taylor, supra, courts have provided criteria/factors to be examined when considering the establishment of a date of separation prior to a couple living in separate residences. Lack of sexual relations or extramarital relations are factors to be considered but are not, of themselves, determinative that a separation has taken place.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is exclusion of common law couples from the property division and support regimes applicable to married and civil union spouses violated section 15(1) of the Charter? (Nova Scotia, Canada)
How to treat the post-separation portion of a student loan that was incurred prior to the date of separation? (Nova Scotia, Canada)
How is a pension entitled to be shared between the spouses of a married couple? (Nova Scotia, Canada)
What is the current state of the law in the US when it comes to limiting the scope of a plaintiff’s discovery of evidence in a separate proceeding? (Nova Scotia, Canada)
Can Lot 2 be sold for taxes owing on other lands separately assessed? (Nova Scotia, Canada)
Is a non-resident ratepayer entitled to quash the by-laws of the corporation to which he pays rates? (Nova Scotia, Canada)
Can a mentally incompetent person designate a residence in accordance with the Social Assistance Act? (Nova Scotia, Canada)
Can a wife set aside the value of the matrimonial home under a separation agreement where she relinquished her interest in the home to the husband? (Nova Scotia, Canada)
Can the police enter an apartment under warrant to search and arrest an accused? (Nova Scotia, Canada)
When a child is not residing with the custodial parent on a full-time basis, is the child entitled to half of the table amount of support payable to the parent? (Nova Scotia, Canada)
