Co-hab

[DaveC]

Hi,

My girlfriend is going to move in to my home that I have owned by myself for 11 years.

She will be paying me 1/4 of the mortgage as rent. She does not want to sign a lease. She says we shoud sign a cohabitation agreement.

I just want to make sure that she can't go to the courts at a later date and claim she now owns half my house. I've heard that after XYZ time (in alberta) if a lady does not pay rent or you don't give her a reciept for each months rent or something like that, they can claim co-ownership after some time.

Is that the case, and what is the differance between a lease and this cohabitation agreement?

Any advice would be appericated - thanks!

Cheers'
Dave

[blinkandimgone]

It's not specific to women, the same rules apply to all. Sounds like you're not too sure about the relationship so I wonder why you're moving in together at all, sounds more like you want a roommate.

You can find lots of information here:

Edmonton Alberta Legal Information About Common Law Relationships

[Mess]

Just as I was about to mention Constructive and Resulting trusts, I looked at Blink's link and it's there about halfway down.

Dave, if she pays part of the mortgage, she is investing in the property and will have a claim to some equalization if/when you split. She is essentially a business partner, it has nothing to do with your relationship.

Talk to a lawyer, please, but personally I would make a point to NOT tie the amount she is paying to the amount of the mortgage. What I would do is sit down and calculate, based on past receipts, the amount you spend on basic maintainance (not capital repairs, ie roof or furnace) and utilities. Base the amount on that, keep the calculations with the rest of your paperwork so that you can show at a later date how you came by that amount. If you want to do-it-yourself download a standard rental agreement and write in the amount and sign her up as a tenant.

If she doesn't feel this is very romantic, you have to decide for yourself how far you want to push it.

[Looking4Answers]

Dear Dave:

Protect yourself, have her sign a lease agreement, therefore she is a tenant. Today, you just never know when the relationship will go down the toilet.

If she truly wants to be with you for YOU, she will do it. If someone ventures into a relationship for monetary reasons, its best to find out now rather than later. Isnt a relationship all about living comfortably together and enjoying each others company. Considering it is your home, it should remain, your home, she is fortunate to enjoy having a roof over her head.


Take care

[logicalvelocity]

Be sure to declare the rental income if that's what it is on your income tax return for that particular year.

[dadtotheend]

Originally Posted by DaveC

She says we shoud sign a cohabitation agreement.

Dude the answer is right under your nose, and she wants it.

Do the cohab.

You can contract out of everything in family law except custody, access and CS. You don't have kids (yet). You're only concerned about division of family property. A good cohab agreement will address that.

[InterprovincialParents]

Originally Posted by dadtotheend

Dude the answer is right under your nose, and she wants it.

Do the cohab.

You can contract out of everything in family law except custody, access and CS. You don't have kids (yet). You're only concerned about division of family property. A good cohab agreement will address that.

Make sure the cohabitation agreement states that you own the property, and retain full title on it should the relationship fail. In Alberta, the jurisprudence typically ensures the wife/mother retains the matrimonial home.

[dadtotheend]

You are also well advised to redo the cohab as a marriage contract if you get married.

[Oncebitten1]

That's a good question for a lawyer. In Ontario when you are common law it doesn't matter who pays what, only the person whose name is on the deed is the owner of the house. Period. I would be careful about the cohabitation agreement if you decide to go for it. In a common-law marriage without children usually if the 2 people split each of them takes away whatever they brought to the marriage and that's all. The reason is that the law doesn't recognize you as formally, legally married. Check out this website:
Canadian Divorce Laws but I'd still refer to a lawyer before I moved her in or signed anything with her.