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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 10-04-2009, 10:52 PM
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Default How to make sure that you're not common law

What do I have to make sure that my boyfriend and I are not considered "common law"?

We currently have separate residences, but we were talking about buying both halves of a duplex when we have kids. If each half is on a separate title, would this be considered common law?

If we have an open relationship and sleep with other people, does that exempt us from common law status? What if we live with and/or sleep with other people? What is considered "conjugal"?

If we got married, then got a divorce, would that exempt us from common law status?

Hypothetically, if I moved in with two people at the same time, and we were all having sex, would that make us common law with each other? Wouldn't that violate polygamy laws? Can you be common law with someone while you are married to someone else?

I am morally opposed to the idea of "common law" relationships; I think the government should stay out of my love/sex life. Any help you can provide would be greatly appreciated.

Thanks.
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Old 10-05-2009, 01:29 AM
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hmmmm.... interesting question. I am curious as to why it is so important for you to avoid the 'label'.

The moment you have a child with someone, with whom you are residing at the same address, you are considered common law. There is no 'time limit' applied.

If you purchase both halves of a duplex then that is considered separate addresses, as long as there are two separate titles, and two separate mortgages = Not common law.

If you are having sex with two different men who live with you at the same address, I am not sure how the Government would look at that?

If you get married, get a divorce, and then live together, you would be considered common law after 3 years (in Ontario), and immediately if a child is involved.
But I don't think that marriage is a good way to avoid common law status.

You cannot be legally married to someone and living with that person, and be common law with someone else. That would violate polygamy laws.

If you are living with a man, and another man, and another woman, and you are all having sex with each other, I don't know if there is a category for that.

But if that is your situation, I wouldn't worry too much about your common law status.

The Government is involved in everyones sex life, if said sex life becomes a long term arrangement that they can tax.

Fact of life, and there is really no avoiding it.
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Old 10-05-2009, 07:37 AM
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I am wondering if this is a real question or not. Either the poster wants a "swinger" type of lifestyle or just asked for the sake of asking. I got a chuckle when the poster said they were morally opposed to the idea of common law.
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Old 10-05-2009, 01:35 PM
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Polygamy is an offence under the Criminal Code of Canada.

Any person who engages in a conjugal relationship with more than one person at a time, is guilty of an offence.

source: www.attorneygeneral.jus.gov.on.ca
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Old 10-14-2009, 01:53 AM
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Does that mean that a menage-a-trois is illegal?

Also, if one of you is renting a room from the other (i.e. shared accommodations) but with separate bedrooms, and you were sleeping together, and you had kids, would that be still be considered living together in a conjugal relationship? Or would one of you be considered a tenant?

Is there any way to create the equivalent of a "pre-nup" for living together?
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Old 10-14-2009, 11:17 AM
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Quote:
Originally Posted by justsayno View Post
Does that mean that a menage-a-trois is illegal?
YES! It is illegal in Canada to live with and have sex with more than one person.

Quote:
Originally Posted by justsayno View Post
Also, if one of you is renting a room from the other (i.e. shared accommodations) but with separate bedrooms, and you were sleeping together, and you had kids, would that be still be considered living together in a conjugal relationship? Or would one of you be considered a tenant?
No matter how you try and twist it, if you are living with someone that you are having sex with, eventually you will become common law, once the time threshold has been met.

As soon as you have a child with a person you are living with under the same roof, you become common law.

It doesn't matter if you are having sex with the entire neighbourhood!

Quote:
Originally Posted by justsayno View Post
Is there any way to create the equivalent of a "pre-nup" for living together?
Yes... and I suggest you aquire one, as you are clearly grasping at ways to protect yourself and your property from the men you are banging....

If you are that paranoid, don't move in together.
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Old 11-10-2009, 11:42 PM
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Each province has their own laws as to when you gain rights and responsibilities when living together. Where do you live?
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Old 11-10-2009, 11:46 PM
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I'm in Alberta
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Old 11-10-2009, 11:47 PM
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If one of you rents a room from the other (and pays rent via cheque so there is proof) from the other, is that still classed as living together?
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Old 11-11-2009, 12:14 PM
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You can see the information at Alberta's Adult Interdependent Relationships Act and you (HTML) - Publications - Alberta Justice - Alberta Justice

There are a series of factors the courts look at, and if, when looking at all the factors, it "feels" like an interdependent relationship, then it probably is.

I understand where you're coming from. If you want all the rights and responsibilities of marriage, then get married. And if you don't, there should be some way of opting out of that! But I don't think there is.
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