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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 11-16-2010, 03:14 PM
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My boyfriend wants us to live common law & do a cohabitation agreement. He says he wants to set it up so I would have the same benifits as if we were married. In Ontario can the cohab be set up to split the house 50/50 & everything else a married person would be entitled to no matter who's name is on what & how much each makes?
I am on ODSP & he makes a lot. I don't want to find myself penniless with no pension & end up on welfare if things don't work out. I don't want to make a fortune off him but I would like to at least put a roof over my head & feed myself should he decide he no longer wants me.
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Old 11-16-2010, 03:37 PM
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Where do you currently live? How are you currently supporting yourself?

You should, I expect, end up in exactly the same place you are right now if the relationship does not work out.

But, yes, I would think that a contract is a contract, and if he wants to enter into a contract to give you 50% of the house (or its value) and 50% of everything else he owns then that's up to him.
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Old 11-16-2010, 04:32 PM
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I live in Ontario & I recieve Ontario Disability Support & that will end if I move in because he makes too much money.

I guess my other concern is can anything be done to cover the 3 years until we are "officially" common law or does a cohab agreement cover from day 1 or from Year 3 of when you are living together?

Thanks for any help.
J
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Old 11-16-2010, 06:08 PM
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He can sign over half of the house from day 1.

Common law is two years. It only deals with spousal support. If you want to co-own property or belongings, this is covered in your co-hab and applies immediately. From what you describe this agreement puts you in a better position than if you marry.
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