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When does common in law begin

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  • When does common in law begin

    I was previously living with my ex for over a year and a half. The first four months we lived together in a shared environment situation but not signing a lease. Does the common law start from the day you move in together or when you both sign a lease.

  • #2
    You may want to read the sticky in the first part of the common-law section.

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    • #3
      Hello,
      I am looking for any info that anyone may be able to share.
      I live in BC canada and have been living with a girl for about 7months. Are we considered in a "common Law relationship"? i keep getting conflicting opinions (RCMP told me that common law is after 6 months, online sites say 2 years of cohabititation and a lawyer told me one year).
      Everything is in my name, and nothing has her name on it. I pay all the bills, mortgage, 80% groceries etc. and she works part time and takes care of her child (not my child) the remainder of days. In our relationship i think i have recieved about $400 to help with bills etc. but dont get a regular "payment" from her.
      She threatens to take half of my stuff (a boat i paid off, within the first 5 months of the relationship), house which i pay full mortgage etc. and car (which i am currently financing).
      Any info as to if i do fall under the assumption of a "common law relationship" would be greatly appreciated.
      No bills are in shared names, stricktly in my name.
      thank you everyone, and i am very sorry that we all have to deal with these situations!

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      • #4
        In BC it's 2 years under the law - the variety of answers you may have received all depend on the capacity in which the situation applies. If you are still together and she is threatening to take you for everything, see this as a sign to end the relationship now while the affect on everyone will be less than if you wait.

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        • #5
          This is an intersting site:
          JP Boyd's BC Family Law Resource: Unmarried Couples > Common-Law Relationships

          Unfortunately I'm at work and can't find the proper provincial government info, however if you just do a few Google searches I'm sure you will validate what the above website tells you.

          EDIT* I second what Kimberley says, however I was a little concerned for you when reading the 'Qualifying as a Spouse in a Marriage-Like Relationship'. I would read the above info page and evaluate your situtation...in otherwords...get out!

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          • #6
            I think it's when you live together

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            • #7
              If you co-habituated 4 months then began a "marriage like relationship" I think you would be hard pressed to prove that the entire time living together wasn't all CL.
              You've had some great advice here, the time is now to do what you need to do in order not to have to pay support or split assets. This person is obviously after only one thing, and it's not your charm, sorry.

              Make sure everything from here on out is in writing, given that you own the home, tell her she has to go. You will basically be treating her as a tenant from here on out, and given the reason for asking her to leave, you may be obligated to give her 1 month's notice to evict. You'll have to veryfy that though. You will however, need to apply for an "End date of the tenancy" which you will request on page 1 of the RTO Form 1 Notice to End the Tenancy.

              This site,

              Eviction - BC, Canada - Expert Advice for Landlords

              Will help with questions about filling & filing forms, serving, and eviction.
              I believe that going to your local land registry office you can get the necessary forms. Call ahead to make sure they have what you are looking for, and if not ask them if they can direct you to the proper place.

              Best of luck!

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              • #8
                any time someone threatens to take your stuff is time to end the relationship or get something concrete in writing to protect your assets. Do not wait and if she says she was kidding just tell her that you would feel better if she signed something stating what is yours and what is hers. Do not back down on this.

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                • #9
                  You're deemed common-law in family law in BC if you live together 2 years. It doesn't matter if there's a lease in both names - were you living together in a "marriage-like relationship"?

                  You are common-law with CRA (ie. in any province) after 1 year and must file together - your returns must have "common-law" as the marital status.

                  The time living together for "Common-law" status doesn't seem to matter once there's a child together.

                  I concur with the others - get out.

                  I'm not sure about getting into the landlord/tenant stuff. It's just as frustrating as family law. I understand "room & board" tenants (ie. shared bath/kitchen) don't have the same protections under the Residential Tenancy Act as apartment/leased tenants.

                  What would be the grounds for eviction? Non-payment of rent? Unreasonable enjoyment? I would rather get them out, and they can approach the Lanlord/Tenant board if they want.

                  The onus of proof of tenancy would be on them and it doesn't sound like there is any.

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