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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 09-10-2011, 02:49 PM
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Quote:
Originally Posted by italguy View Post
Beebie, thanks for the answers. We do not intend to get married. If we lived together for abit and then signed something in a year (so in other words going out for 2.5 years, living together for 1 at that point), could the other party claim something like being under duress to sign????
they could say that they were going to be homeless and had no other option but to sign or something like that. Just get it done and if it doesnt work, you are protected plus have a template for the next one
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Old 09-10-2011, 02:57 PM
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Basically you need to worry about duress, unconscionability. But if you can show that you drafted an Agreement and she took it to her own lawyer, got advice independently, and you didn't make any threats like "sign this or we can't move in together" and she agreed to non- disclosure and the Agreement wasn't vastly unfair...such as you are a millionaire and she waived any sharing of assets or spousal support, you should be okay.

Nobody has a crystal ball to see how much you will be worth in the future.

But , if you are concerned, keep your financial affairs as separate as possible and get an Agreement that says your RRSPs owned separately are non-shareable. If you sell your current house and buy a new one, be able to evidence that transfer of money thru good bank records. Ask a lawyer how to protect yourself in that event or research it.

I know you are not marrying but don't count on that to completely eliminate the effect of the Matrimonial Property Act. You are in a marriage like relationship and I think the law is always changing there.

Think about wills...what happens if you die. Does she have a claim on your estate...yes after 3 years cohabitation? This can be contracted out of in that Agreement that you don't want to pay for.

Also she could claim support from the Estate. You need to check if you can contract out of that because I am not sure what happens there.

You will have to file your taxes as livng together. Does this mean anything ...not sure.

Maybe you could kick her out for 90 days every once in while and tell her you intend to separate to prevent the AIP status from being applied.

Take monthly rent payments so she is a tenant. OK that might be going too far.
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