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  • when does common law starts

    Just wondering what the court says when cl starts..my ex stayed with his friend for a year but he stayed with me Friday night through Monday mornings as he lived out of town..he moved his cloths into my place and helped me with some of the bills and bought stuff for my place..I was just renting at the time..then he moved me to where he lived..I have lived here now for 5 years seperated for 3 months..he is saying that we have been living common law for just over 4 years but I am saying it is 6 years..how do the lawyers or court figure it out..just wondering..thanks

  • #2
    Varies by province...the "norm" if there are no children is 3 years.

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    • #3
      I am in ontario..what I am wondering does it start when i moved to his location or did it start when he was staying at both places..he lived at his buddies place mon night till thurs night and then my place fri till mon morning

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      • #4
        How much of a difference does it really make in common law relationships?

        You are over 3 years either way, therefore you are common law. Typically the norm is what you brought into things is yours, what he brought into things are his, and anything that was bought and paid for jointly is split like any business arrangement.

        I'd peg you at about 5 years, if that is the length of time you were "living" together. Him staying at your place on the weekends would not qualify in my opinion, though I am sure you could argue otherwise if you were so inclined.

        Are there any significant assets purchased during the time you were together?

        Are either of you trying to argue for support of some kind?

        Basically...whether you were together for 4 years or 6...is there a major difference in the outcome? (and by major I mean several 10's of thousands or 100's of thousands of dollars...if you are dealing with a couple hundred or few thousand dollars difference...it's NOT typically worth it...you fight, the legal fees alone could run upwards of 10-30K on the low end)

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        • #5
          spousal support is why I am asking

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          • #6
            You'd have to check on how your province treats common law couples. Some provinces have laws that would allow you to claim spousal, some would not.

            After the length of your relationship, (which isn't THAT long in the scheme of things), you'd have to prove you gave up job opportunities, or otherwise had your career suffer to move in with him.

            If you have been employed full time all along, you'll have a heck of a time in doing so. Additionally, he'd have to make significantly more than you in order for you to qualify. (IF the laws in your province allow).

            You MIGHT be able to argue intent to marry, given the length of the relationship, and may be able to make claim on things like an increase in value of the house (if applicable) especially if you contributed to the mortgage payments or helped with renovation costs/etc.

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            • #7
              I just need a little help to get back on my feet..just for a couple of years.. I just started full time 2 years ago but I helped hm with the bills and I had my daughter to take of..the house is in his name which he can have..I only make min wage and housing isn't cheap where I live and he makes 70k more than me

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              • #8
                Common law would generally be deemed to begin the date either you or he changed your residential address to be the same address. Meaning the date either you or he moved into the same place and started to share in the bills and expenses.

                If you or he would come over for a few days and then leave to return to the address which you or he had on your license or otherwise were commonly known to reside, I don't believe it would start the common law clock ticking as it was just visiting.

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                • #9
                  Originally posted by noralee View Post
                  I just need a little help to get back on my feet..just for a couple of years.. I just started full time 2 years ago but I helped hm with the bills and I had my daughter to take of..the house is in his name which he can have..I only make min wage and housing isn't cheap where I live and he makes 70k more than me
                  Ahh, you work full time, you certainly didn't contribute equally while you were living with him in his house (ie he was supporting you, good on him), and now you want him to support you for 2 more years!!!!

                  I don't think you are morally entitled to support from him - hasn't he done enough! You were only living together 4 years (of which you only worked full time for 2!). And now your relationship is over. Move on and forget your sense of entitlement - you should be thanking him for his years of disproportionate support.

                  Also, trying to say that you were living together because you shacked up during the weekends - thats bs.

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                  • #10
                    Where do you think he supported me and I didn't support him...We rented a house where I payed the bills so he could save up for a downpayment on a house while he was going through a divorce which his ex took him took him to the cleaners..he bought the house and I still payed for the bills and groceries and took care of my daughter..I had to go full time just to keep up with things..we were together for 5 years..I am just asking for help to get back up on my feet..yes i feel he should help me out for a couple of years..if it wasn't for me he wouldn't be where he is today...

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                    • #11
                      You may be entitled to spousal support, however, you will need a lawyer to get it. I doubt he will outright agree to it, so you will have to prove to a judge that you are entitled to it due to vast differences in salary, your work position suffered and intent to marry. But expect him to fight back pretty hard.

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                      • #12
                        You really need to sit down with a lawyer and go over the numbers.
                        Do you receive CCTB for your daughter? Do you receive child support for your daughter?

                        As a rough estimate is the total of your employment income + CCTB + Child Support close to 45% of his after tax income (minus anything like CS being paid on his end).

                        If the answer is yes, then you can expect a VERY hard fought battle for spousal.

                        Do you have 10-30,000 over the next 1-3 years to spend? Are you willing to risk being held accountable for HIS court costs should you lose?

                        Those are the kinds of things you need to look at.

                        Personally I would tell you to stop looking towards spousal support, and focus more on equitable division of the value of the home. If you took care of the other bills + groceries + paid the rent in full so he can save up a down payment for the two of you, you would be much better off, and likely would have a higher chance of success by arguing THOSE points, rather than the pursuit of spousal.

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                        • #13
                          Originally posted by noralee View Post
                          Where do you think he supported me and I didn't support him...We rented a house where I payed the bills so he could save up for a downpayment on a house while he was going through a divorce which his ex took him took him to the cleaners..he bought the house and I still payed for the bills and groceries and took care of my daughter..I had to go full time just to keep up with things..we were together for 5 years..I am just asking for help to get back up on my feet..yes i feel he should help me out for a couple of years..if it wasn't for me he wouldn't be where he is today...
                          Are you saying that with a part time, then full time minimum wage job you supported the three of you while he saved all his money for a down payment?

                          You sound like you are complaining that you had to actually get a FULL time job - wow.

                          Sorry, I'm not buying what your selling. You said he makes $70k, and you minimum wage, and YOU supported HIM? Sure. He would have been better off financially if he was single the whole time, but he supported you, more than you supported him. Time to support yourself and be grateful for his support while you were together.

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                          • #14
                            Originally posted by noralee View Post
                            ..I am just asking for help to get back up on my feet..yes i feel he should help me out for a couple of years...
                            Get back on your feet? From what? What did you give up during the relationship that you need now to get back yourself back on your feet?

                            Give it up. You were common law. What tiny little entitlement you MIGHT have will easily get eaten up in legal fees.

                            Originally posted by noralee View Post
                            ..if it wasn't for me he wouldn't be where he is today...
                            And it wasn't for him you wouldn't have enjoyed the standard of living that you did for a few years. Holy sense of entitlement Batman!

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                            • #15
                              My ex tryed to do the same thing after 8 yrs of marriage until the mediator asked her where I would get the money to pay her SS and CS for her 2 kids that I married into and the 2 kkids we had. That was after 8 yrs though. If you went after this guy for SS after only 5 yrs...shame on you. From what I have read in these posts you did pretty good with him. Better then you would have done without him. Think about that before you now try to TAKE HIM TO THE CLEANERS like his last ex did. Shame shame shame! BTW my ex didnt get SS because there wasnt anything left after CS. Again...SHAME
                              Unfortunately the courts of Canada might agree with an arguement for SS.
                              Can I get your ex's email so I can advise him on how much you should be paying him for rent, gas, electricity up keep of the home etc.

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