Relationship status question

[misterj]

I have a child with someone but we were not living together.

Our life situation changes and we have decided to now live together. Does this mean we are now married?

I have seen that if a couple has a child and is living together in Ontario, they are considered married Common Law Marriage : Canadian Divorce Laws but I am unsure if that is how it occurs if the child was born prior to living together.

[Mess]

If you aren't living together you aren't married/common law. You would each be responsible for supporting the child and would have to sort out custody.

If you move in together after the child is born, the length of the common law relationship, if you separated later, would be from the date of moving in together, not the date of the birth.

The main effect on you, while in a relationship, would be the tax laws, you can read more on the CRA website. Provincial law doesn't really affect you unless/until you separate.

If you purchase a house together you would be wise to speak to a lawyer and be clear about what you want from ownership.

[OrleansLawyer]

Does this mean we are now married?

No. You are only married if you get married, including if you live together for years.

I have seen that if a couple has a child and is living together in Ontario, they are considered married

A person is a common law spouse if:
- They cohabit for a continuous period of not less than three years; or
- They cohabit in a relationship of some permanence and have a child together.

Common law spouses may pursue claims for spousal support.

Child support is payable, regardless of your relationship status.

[misterj]

If the person who just moved in with me was getting spousal support from another man, would that man have a right to request spousal support to her be terminated/suspended?

[blinkandimgone]

Depends on their agreement, but it's possible.

[OrleansLawyer]

would that man have a right to request spousal support to her be terminated/suspended?

They could bring a motion under a material change in circumstances. However, if you are cohabiting outside of marriage and she has only just moved in I would expect that this would not be sufficient to reduce his support obligation.

[misterj]

So... how long would we have to live together before this became a problem?

[Rioe]

No. You are only married if you get married, including if you live together for years.

A person is a common law spouse if:
- They cohabit for a continuous period of not less than three years; or
- They cohabit in a relationship of some permanence and have a child together.

If there's a marriage ceremony, the house instantly becomes shared. If you're only cohabitating, once you're common-law, you are treated mostly the same as married, but the house is never automatically shared.

So by point two above, it does seem that you would be common-law the instant you moved in together, as you already have a child.

[Teenwolf]

If there's a marriage ceremony, the house instantly becomes shared. If you're only cohabitating, once you're common-law, you are treated mostly the same as married, but the house is never automatically shared.

Are you sure about this? I thought that assets brought into a marriage are not automatically shared 50/50.

[Mess]

Are you sure about this? I thought that assets brought into a marriage are not automatically shared 50/50.

Rioe is correct, the marital home is special situation with it's own section in the FLA. If you need clarification google "Ontario Family Law Act".

[Teenwolf]

Rioe is correct, the marital home is special situation with it's own section in the FLA. If you need clarification google "Ontario Family Law Act".

Thanks. I'm not in ON, so it may be different in my province. I'll look into the legislation for NS.

[OrleansLawyer]

you are treated mostly the same as married.

For family law purposes, the only thing cohabitants have is the ability to claim spousal support. There are absolutely no property rights, either for their value (ie, equalization) or against your spouse (as per matrimonial home if married). If none of the property is in your name and the kick you to the curb then, until you can obtain a support order, you may well be living in a shelter or on the streets.

I thought that assets brought into a marriage are not automatically shared 50/50.

Assets on the marriage date reduce your net family property. If you enter the marriage with 100k in the bank and leave with 100k in assets then you have a net family property of 0 (assuming no debt at either point); if your partner came in with 0 and left with 20k, then you would likely receive an equalization of 10k even though you have more total assets.

As mentioned previously, the matrimonial home is unique.

[Teenwolf]

Assets on the marriage date reduce your net family property. If you enter the marriage with 100k in the bank and leave with 100k in assets then you have a net family property of 0 (assuming no debt at either point); if your partner came in with 0 and left with 20k, then you would likely receive an equalization of 10k even though you have more total assets.

As mentioned previously, the matrimonial home is unique.

Thanks. I don't know about other folks, but the primary asset I would bring into a marriage is my home. I've been channeling all my free cash into the mortgage in order to get it paid off, so it's almost free and clear of any mortgage. With the unique rules for a matrimonial home, I would be screwed. I'm glad this was brought to my attention!