I need an advice

[teresa]

I have been living with my boyfriend for almost 3 years (2 years and 8 months).we live in Toronto. Lately the relationship is not working well and I am considering the option to separate from him but I would like to know the implications before I move on my own.

We don't have children, we don't own property and we keep everything pretty much separate: bank accounts, bills, credit cards etc. We don't file taxes together even thought we should have done. However, my main concern is some money that I have as an invest in my personal broker account (Cdn$90,000).This money are my only savings and I would like to know if he can claim some of this in case we separate and if that is the case is there any way that I can prevent that.

Thank you for you advice,

[logicalvelocity]

teresa,

Welcome to the forum,

For support purposes in Ontario,
The Family Law R.S.O. 1990 c. F.3 applies. http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK36

As listed

PART III
SUPPORT OBLIGATIONS

Definitions

29. In this Part,

“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne à charge”)

“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,

(a) continuously for a period of not less than three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).

In your circumstance this is a non issue.

For stuff like CANADA PENSION PLAN DIVISION, credits are equalized during the time of cohabition once a one year continuous cohabitation has been established.

lv

[teresa]

Thanks for your promtly reply.To make this very clear you are telling me that he is not allow to any of my savings because in our case the support obligations do not apply.right?

Thank you so much for your help

[logicalvelocity]

teresa,

The amount of your savings from the date of beginning to cohabitate to the end date should be equalized and vise versa. Your savings are similar to a pension.

The other party could bring forth an unjust enrichment claim against you.

The 3 year continuous cohabitation is for spousal support purposes.

lv

[Lindsay]

I'm not sure if I'm reading LV's posts correctly, so just to clear things up...

Teresa, if you and your boyfriend were common law at the date of separation, he would have no automatic interest in your assets. All assets and debts remain separate. Even if you were living common law for 20 years and you had managed to save up $500,000.00 in savings throughout your relatinonship, your boyfriend would have no interest in this, except if he was able to prove that you were unjustly enriched. Please take a look at Jeff's explantation of property division in common law relationships and Jeff's explanation of unjust enrichment.

Like LV has explained though, you haven't reached common law status yet. I seriously doubt your boyfriend would be successful in proving that you were unjustly enriched by him if you two weren't even common law at the date of separation.

Lindsay

[teresa]

Thank lindsay for your explanation. so I understand that in my case it will be better if I separate before the three years and also even after that if I can prove that the money is part of my personal saving and most of that is in my account before I started living with him and never took advantange of him to enrich myself I am safe.is that correct.

Thank you again and I am so glad that I found this forum.

best regards,
Teresa

[logicalvelocity]

teresa,

oops, I'm not totally clear what I posted myself

your savings before the relationship began is untouchable. Your relationship is short with the individual. If you do go beyond 3 years cohabitating continuiosly or more, you do open the door for a future spousal support claim, under the Family Law Act, that being if one party has means and the other needs. If you go beyond the three years and per say you were able to save 90K in the three years, the only way they would be able to share in your savings accumulated is through an unjust enrichment claim. They would have to prove that you were enriched as a result of the relationship. This can be very difficult to prove in a short relationship in consideration you have yet to meet the 3 year continuious cohabitation rule for common law status.

to be eligible for CPP pension credit division, on relationship breakdown, the rule is that once the "one year " of living in conjugal relationship has been established; Each spouse would be eligible to split the credits earned by both spouses during the time of the relationship.

see these links on this issue

http://www.sdc.gc.ca/asp/gateway.asp...t.shtml&hs=cpr

lv

[teresa]

Thank you so much for take the time to claridy this for me.

I am so glad that forums like this exist so people like me can get help.

BEst regards,

Teresa