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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 09-09-2010, 01:20 PM
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Default A couple things re: Common Law Stuff

I've been living with my partner for 2 years now. He keeps saying that we're not common law until after living together for 3 years in the eyes of the law.

That's fine however, I'm worried that Revenue Canada considered us common law after 12 months and we were supposed to file jointly last year (and this).

Is it 3 years according to Ontario law or 12 months for tax purposes?

Also:
When I moved in to his house, we starting doing some major renovations to the place and we're using a line of credit he set up in his name. I'm paying a big chunk of money to this each month, as well as 1/2 the bills, etc. but my name is on nothing. No bills, no paperwork, no nothing. It basically looks like I'm a renter.

Am I screwing myself? I certainly don't plan on splitting up, we have a great relationship and are now engaged but I'm worried about any equity or investment I made for the last 2 years if anything should happen. I don't want any of his "stuff" before that but I've forked out a lot of cash!!

Any advice is greatly appreciated.
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Old 09-09-2010, 01:40 PM
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Quote:
Originally Posted by Picses Chick View Post
Is it 3 years according to Ontario law or 12 months for tax purposes?

Yes it is.
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Old 09-09-2010, 04:56 PM
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Putting your own money towards improvements of an asset that will remain his doesn't sound like such a good idea to me. Would save headaches and legal bills down the road if you to remain just a renter. If he wants to make capital improvements, then let him do it with his own $'s - and your rent would increase as a result because you are in a nicer place.

ALTERNATIVELY, you could work out a yearly payment e.g. if you put on a new roof, and that has a 20 year benefit, then you can pay him your share (50%?) of 1/20 of the cost each year you are together.

For income tax, yes you are common-law after 12 months.
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