Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Closed Thread
 
Thread Tools
  #1  
Old 08-03-2006, 11:53 PM
Utterly Confused Utterly Confused is offline
Junior Member
 
Join Date: Aug 2006
Posts: 2
Utterly Confused is on a distinguished road
Question I just don't understand...

Okay, so here's a summary...

I was in the process of applying for a common law visa for my partner who had been living with me in Canada for over a year. While it was being processed, they required us to sign a Declaration of Common Law Union. We signed the form and sent it to Immigration. I was also able to claim him as common law for income tax purposes for 2005. Since that time, my partner has gone back to his home country for personal reasons and, in essence, we have been separated for a couple months now. Before he left, the visa application was cancelled and processing was never completed. There are no children involved.

However, according to the CRA, my marital status has changed from single to common law...

So, here's the question.. Do I need to get a divorce? If not, how do I change my marital status if the common law status no longer applies?

Any advice you can give would be appreciated. Thank you.
  #2  
Old 08-04-2006, 12:00 AM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Utterly Confused,

welcome to the forum

CCRA considers 1 year co-habitation as common law for income tax purposes.

Quote:
So, here's the question.. Do I need to get a divorce? If not, how do I change my marital status if the common law status no longer applies?

No you don't need to get a divorce as you were not married to the individual. Send CCRA a registered letter advising them that you are no longer living with the individual or you could wait till the next time you file your income tax. A specific question they ask is marital status on December 31, 200X, and you check off the appropriate box.

Things like GST and CTB are calculated from the previous taxation year.

LV
  #3  
Old 08-04-2006, 12:09 AM
Utterly Confused Utterly Confused is offline
Junior Member
 
Join Date: Aug 2006
Posts: 2
Utterly Confused is on a distinguished road
Default Ahhh...

That brings up another question... I just received a letter from the CRA requesting my partner's SIN and income so that they can calculate my GST/HST for this coming year...

My partner never had a SIN as he was not eligible to work in Canada while the visa was in process and therefore did not have any income. We never filed an income tax form for him as we were told that it was not necessary.

The CRA is now requesting a letter with this information, I suppose telling them the above in a letter should be sufficient?
  #4  
Old 08-04-2006, 12:52 AM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Utterly Confused,

yes write to them and explain the details of the situation. 2006 gst and ctb is actually calculated from 2005 income tax return.

They may accept or ask for more details. You can also write your letter under oath have it sworn and commissioned at a court house or city halls.

Most will do this for free of charge.

lv
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Do I understand this correctly? Planningstages Financial Issues 16 10-12-2010 11:04 AM
Help me understand this clause in the SA foxy Financial Issues 11 09-23-2010 08:10 PM
help me understand tugofwar General Chat 7 02-21-2010 11:15 AM
Help i don"t understand!! confused1 Divorce & Family Law 1 10-23-2009 12:07 AM
Details of Offer: Help me understand the Difference. inlimbo Divorce & Family Law 0 11-24-2006 02:54 PM


All times are GMT -4. The time now is 04:24 PM.