Question before moving in

[justbeingsafe]

Been reviewing the forums and found lots of great info so far...hats off to the staff!

My situation: I will be moving in with my girlfriend to a rented apartment in the next month. I have been working fulltime for 6 or 7 yrs now and have been accumulating assets (savings, RRSPs, car, etc) along the way. My girlfriend is in medical school and as such, has no income and accumulating quite a debt on an annual basis. By the time we reach 3 yrs of cohabitation, she will be well over $100K in debt from school.

My question: If the worst were to happen, would she be entitled to any of my assets or compensation and more importantly, would I inherit half of her school debt?

Any help/input would be greatly appreciated.

[logicalvelocity]

justbeingsafe,

Each parties assets and liabilities would remain to be their own. However, you may be opening the door for future spousal support once you live continuously 3 years of cohabitation. Have you considered a "cohabitation agreement" that specifies that each party would be responsible for their own support if the inevitable occurs.

lv

[justbeingsafe]

Thanks for the advice.

Now why would she potentially be entitled to spousal support? Would it make a difference if we will both equally be sharing the rent, living expenses, etc?

Would it not be taken into account that once finished school, she will be making 4x my salary?

Thanks again for your input.

[logicalvelocity]

justbeingsafe,

as you mentioned,

Now why would she potentially be entitled to spousal support? Would it make a difference if we will both equally be sharing the rent, living expenses, etc?

In Ontario after a couple reside together continuously for a period of 3 Years - The law sees this as common law for spousal support purposes.

See the Family Law Act. R.S.O. 1990, c. F.3.

http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK32

PART III
SUPPORT OBLIGATIONS

Definitions

29. In this Part,

“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne à charge”)

“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,

(a) continuously for a period of not less than three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).

Once this threshold is met then see section 30


Obligation of spouses for support

30. Every spouse has an obligation to provide support for himself or herself and for the other spouse, in accordance with need, to the extent that he or she is capable of doing so. R.S.O. 1990, c. F.3, s. 30; 1999, c. 6, s. 25 (3); 2005, c. 5, s. 27 (7).


If there is a significant disparity in incomes ieOne party has need, the other has means) and the legal threshold is met; Spousal Support may be an issue on relationship breakdown.

lv

[justbeingsafe]

Well thats good to know. I will definately look into a cohabitation agreement. Thanks again for the input. It is greatly appreciated

[logicalvelocity]

justbeingsafe,

Yes that is a good idea especially this day and age where 50% of marriages are ending in Divorce. I suspect the statistic is higher for common-law couples.

lv