When does a common law rel. start?

[Foredeck]

Since I'm on this website, I figure I'd get educated for future reference.

When would a common law relationship start?

Here is a potential situation, a current girlfriend is looking into employment that would be halfway from her current house to my house. One of the benefits of her job would be that she could work from home at times.

I can see that in a few months, she'll move her office into my house, and stay there for 5 days at a time, twice a week.

She would set up a home office in my basement and use up some closet space. She may or may not contribute financially to the household expenses.

After a year or so, she would accept a position closer to my house and move in completly.

We've discussed it, and she is ok with doing a prenup. My question would be, when would be the best time to write one up.

Also, can we write a prenup on our own? I have 50 000$ in my house and she has 50 000$ in RRSP. When we become common law, she keeps the RRSP, but gets half the value of the house. I believe that is the only clause that I would want in it. That we are entering the relationship with equal value and therefore should leave with equal value.

[anonymousmom]

after 12 months you're considered common-law unless a child is born before then.

because you're not married; what's yours is yours and whats hers is hers regardless of common law status or not. I'm pretty sure a pre-nup doesn't work for common law couples.

[representingself]

"For Ontario family law purposes, you must cohabit 3 years, or have a child and a relationship of some permanence.

Under Federal law, you can request a division of CPP benefits if you have lived together for 12 consecutive months. As well, if you have lived together for 12 consecutive months, the same income tax rules apply to married and unmarried couples."

source: Common Law Separation FAQs

Write and have your prenuptual agreement notarized before you begin cohabitating.

Make a very detailed list and get all of your assets appraised, (including the house) prior to moving in together.

[representingself]

Originally Posted by anonymousmom

after 12 months you're considered common-law unless a child is born before then.

because you're not married; what's yours is yours and whats hers is hers regardless of common law status or not. I'm pretty sure a pre-nup doesn't work for common law couples.

I believe the proper term is cohabitation agreement??

[anonymousmom]

Originally Posted by representingself

I believe the proper term is cohabitation agreement??

'This Part III definition is the meaning that most people think of when they use the term "common law spouse." Many people mistakenly believe that a common law spouse has the same rights and obligations as a married spouse. This is not the case. Under the Family Law Act, a common law spouse only has the right to seek support from his or her partner. A common law spouse does not have the right to seek an equalization payment from the other spouse, nor may the common law spouse assert possessory rights in the matrimonial home.'


I've lived with my "husband" for 7 yrs and at one point we separated after the death of a child....we were told very harshly that what is mine is mine and what's his is his. I wasn't entitled to anything that wasn't in my name and vice versa. Needless to say when we reconciled, things were done differently.

Write up your agreement but don't be surprised if it doesn't work in court...just like a written agreement isn't upheld by the courts when former spouses settle out of court.

Good luck!

[Foredeck]

When do we start cohabiting then?

At the moment, she spends a week-end per month at my place. It'll move up to 10 days per month, but her address will still be 2 hours away and it won't be her primary residence.

After a year, she'll move in completely.

Also, what is mine is mine and what's hers is hers? Would she have any stake in the marital home? That is the only thing I'm really worried about. As I said, I have 50k in the marital home, she has 50k in cash. If we got married, she'd have half of my net worth and I would have none of hers.

[representingself]

When she moves in with you 100% - changes her address, gets her mail at your place etc. is the date you begin cohabitating.

Right now you are only dating exclusively.

[billiechic]

I disagree, commonlaw spouses can get half of the assets if there are children involved and they are living like a married couple. I know someone who was a SAHM for 5 years and she got exactly half of everything (including debt)

[representingself]

Common-Law-Separation-Canada.com home page

[cappy]

so what if we have been a couple for 7 years and have just lived together for a year and a half, what would I be entitled to ?