when does common law starts

[noralee]

Just wondering what the court says when cl starts..my ex stayed with his friend for a year but he stayed with me Friday night through Monday mornings as he lived out of town..he moved his cloths into my place and helped me with some of the bills and bought stuff for my place..I was just renting at the time..then he moved me to where he lived..I have lived here now for 5 years seperated for 3 months..he is saying that we have been living common law for just over 4 years but I am saying it is 6 years..how do the lawyers or court figure it out..just wondering..thanks

[NBDad]

Varies by province...the "norm" if there are no children is 3 years.

[noralee]

I am in ontario..what I am wondering does it start when i moved to his location or did it start when he was staying at both places..he lived at his buddies place mon night till thurs night and then my place fri till mon morning

[NBDad]

How much of a difference does it really make in common law relationships?

You are over 3 years either way, therefore you are common law. Typically the norm is what you brought into things is yours, what he brought into things are his, and anything that was bought and paid for jointly is split like any business arrangement.

I'd peg you at about 5 years, if that is the length of time you were "living" together. Him staying at your place on the weekends would not qualify in my opinion, though I am sure you could argue otherwise if you were so inclined.

Are there any significant assets purchased during the time you were together?

Are either of you trying to argue for support of some kind?

Basically...whether you were together for 4 years or 6...is there a major difference in the outcome? (and by major I mean several 10's of thousands or 100's of thousands of dollars...if you are dealing with a couple hundred or few thousand dollars difference...it's NOT typically worth it...you fight, the legal fees alone could run upwards of 10-30K on the low end)

[noralee]

spousal support is why I am asking

[NBDad]

You'd have to check on how your province treats common law couples. Some provinces have laws that would allow you to claim spousal, some would not.

After the length of your relationship, (which isn't THAT long in the scheme of things), you'd have to prove you gave up job opportunities, or otherwise had your career suffer to move in with him.

If you have been employed full time all along, you'll have a heck of a time in doing so. Additionally, he'd have to make significantly more than you in order for you to qualify. (IF the laws in your province allow).

You MIGHT be able to argue intent to marry, given the length of the relationship, and may be able to make claim on things like an increase in value of the house (if applicable) especially if you contributed to the mortgage payments or helped with renovation costs/etc.

[noralee]

I just need a little help to get back on my feet..just for a couple of years.. I just started full time 2 years ago but I helped hm with the bills and I had my daughter to take of..the house is in his name which he can have..I only make min wage and housing isn't cheap where I live and he makes 70k more than me

[HammerDad]

Common law would generally be deemed to begin the date either you or he changed your residential address to be the same address. Meaning the date either you or he moved into the same place and started to share in the bills and expenses.

If you or he would come over for a few days and then leave to return to the address which you or he had on your license or otherwise were commonly known to reside, I don't believe it would start the common law clock ticking as it was just visiting.

[billm]

Originally Posted by noralee

I just need a little help to get back on my feet..just for a couple of years.. I just started full time 2 years ago but I helped hm with the bills and I had my daughter to take of..the house is in his name which he can have..I only make min wage and housing isn't cheap where I live and he makes 70k more than me

Ahh, you work full time, you certainly didn't contribute equally while you were living with him in his house (ie he was supporting you, good on him), and now you want him to support you for 2 more years!!!!

I don't think you are morally entitled to support from him - hasn't he done enough! You were only living together 4 years (of which you only worked full time for 2!). And now your relationship is over. Move on and forget your sense of entitlement - you should be thanking him for his years of disproportionate support.

Also, trying to say that you were living together because you shacked up during the weekends - thats bs.

[noralee]

Where do you think he supported me and I didn't support him...We rented a house where I payed the bills so he could save up for a downpayment on a house while he was going through a divorce which his ex took him took him to the cleaners..he bought the house and I still payed for the bills and groceries and took care of my daughter..I had to go full time just to keep up with things..we were together for 5 years..I am just asking for help to get back up on my feet..yes i feel he should help me out for a couple of years..if it wasn't for me he wouldn't be where he is today...