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  • Not Common Law Yet

    I an recently devorced or at least almost (close).


    My 5yr old son and I have been living with another partner and her 2yr old child from another relationship (Not Mine) for 7 months. I am scared that I am putting myself at risk to get drug through the coals finacially again. (I am not sold on weather I think she is the one)

    I own the house we reside in, I own half of the things in the house, I pay all the bills, I provide her a monthly "allowance", I am the only empolyed member in the family and I have my 5yr old son 1/2 the time. My partner contributes zero finacially but is a home maker.

    Common law is noted as three years of cohabitation. If we seperate at any point before the three year mark does my partner have any claime to my house, my personal property, my fianances or my son.

    Is that three year mark with no shared child a cut and dried issue?


  • #2
    I believe you are correct.
    For the purposes of CCRA tax laws there is a 1 yr. Cohabitation for tax laws to take affect, however for family law the cut off is the three years mentioned.
    Unless of course you have a child together. At which point child support is a given, and opens the door for her to claim, unjust enrichment and spousal support.
    I highly suggest that you get a cohabitation agreement in place to protect both parties’ best interests/assets.
    If she refuses to sign I would worry about possible ulterior motives and reconsider the living arrangements.


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