Common Law

[beemer2005]

If I live with my girlfriend in Ontario, how long before common-law takes effect?
I am curious that if we break up after 6 months, she can start claiming support, or go after my property.
(no kids)

[LordofthePing]

http://www.ontariofamilylaw.com/outline.html

[PsioniC]

I think its 3+ years you have to be living together without any sort of official union. Don't quote me on this, but I'm fairly sure its a pretty significant amount of time.

That being said if you are worried that this girl is going to try and go after your assets in the event of a break-up maybe you shouldn't be with her? Seems kind of ridiculous. I couldn't ever imagine my girlfriend going after any of my assets if we broke up.

[EmperorOfCanada]

I think its 3+ years you have to be living together without any sort of official union. Don't quote me on this, but I'm fairly sure its a pretty significant amount of time.

That being said if you are worried that this girl is going to try and go after your assets in the event of a break-up maybe you shouldn't be with her? Seems kind of ridiculous. I couldn't ever imagine my girlfriend going after any of my assets if we broke up.

I cant imagine a woman NOT going after a guys assets if she could, especially if she was the dumpee and not the dumper.

[PsioniC]

I cant imagine a woman NOT going after a guys assets if she could, especially if she was the dumpee and not the dumper.

I think you need to change the caliber of women you are hanging out with then.

[warnabrotha]

I think you need to change the caliber of women you are hanging out with then.
what women would not want a man's assets?

hmmm...

the one that doesn't exist.

has nothing to do with caliber, it's just common sense.

[ullyeus]

please check question #3

http://www.redflagdeals.com/forums/showthread.php?t=722173

[takethat200210]

I always thought it's two consecutive years of a live-in relationship.

[3weddings]

If I live with my girlfriend in Ontario, how long before common-law takes effect?
I am curious that if we break up after 6 months, she can start claiming support, or go after my property.
(no kids)

I urge you to get a CoHab LINK (http://www.divorcesupport.ca/family-law-practice-areas/prenuptial-agreement.php?gclid=CN7Ns6Wc35kCFRIeDQodHFDVWA)agr eement in place before it gets to that point. Family Law is an odd bird!


How Family Law Treats Common Law Marriage
The area of family law that is fairly straight-forward for both married and common-law spouses is child support: the law treats child support as a right of the children of a relationship, regardless of 'marital status' of the parents.

If you are not the biological parent of the child or children, it can be a little less clear-cut, depending on how involved you have been in the child's life. (You'll find more information about child support here.)

The biggest area of difference in how family law treats married and unmarried couples (common-law or same-sex) is in family property division. Generally, in a common law relationship, property will be divided based on who bought the property and each partner's financial contribution to the relationship. (Family property division for married couples is explained here.)

Another area of difference in 'legal' marriage and common law marriage is to do with spousal support. In a 'traditional' marriage, a spouse is generally obligated to support the other if they are able to pay and the other has a need, regardless of how long the couple has been together. In a common law relationship, this support obligation only 'kicks in' if you have a child together or you've been living together continuously for at least three years.

As with most areas of family law, there are many "ifs and buts" in how the law deals with different aspects of a common law marriage and separation.

If you would like help clarifying where you stand in your common law marriage, whether before, during or upon separation

Source: http://www.divorcesupport.ca/family-law-practice-areas/common-law-marriage.php

[Mugen123]

what women would not want a man's assets?

hmmm...

the one that doesn't exist.

has nothing to do with caliber, it's just common sense.

:lol:

[Nikita]

I think you need to change the caliber of women you are hanging out with then.

Indeed!


I cant imagine a woman NOT going after a guys assets if she could, especially if she was the dumpee and not the dumper.

Then again, you need to change the caliber of women you're hanging out with...or use your imagination a little more wisely and widely.


what women would not want a man's assets?

hmmm...

the one that doesn't exist.

has nothing to do with caliber, it's just common sense.

None of what you typed is common sense, it's all plain ol' ignorance.

And maybe you need to change the caliber of women you're hanging out with.

[Ducky]

if i remember correctly, the government consider you as common law status after ONE year of living together...

[laptop-tech]

what women would not want a man's assets?

hmmm...

the one that doesn't exist.

has nothing to do with caliber, it's just common sense.

Does that apply to your sister and mother as well ? Just curious if you think all women are trash, or just everyone except your family.

[EmperorOfCanada]

Does that apply to your sister and mother as well ? Just curious if you think all women are trash, or just everyone except your family.

It applies to my Mother and Sister, since you asked. I wouldnt blame my mother one bit for trying to get whatever she could if my father left her. My sister well she would have to find someone willing to date her first :p If I was a woman who got dumped I would fight hard to get everything I felt I was owed.



Then again, you need to change the caliber of women you're hanging out with...or use your imagination a little more wisely and widely.
.

Incorrect.

[manyapples]

Automatic one-star because Nikita replied to /trolled the thread.

[mcplar]

Automatic one-star because Nikita replied to /trolled the thread.

watch out.. she was the 'Favorite OT poster' for 1998.. opps.. 2008 It's important to remember that!

[Nikita]

It applies to my Mother and Sister, since you asked. I wouldnt blame my mother one bit for trying to get whatever she could if my father left her. My sister well she would have to find someone willing to date her first :p If I was a woman who got dumped I would fight hard to get everything I felt I was owed.



Incorrect.

Well, it's obvious you take your impression of all women from your mother and sister...both who you make sound like golddiggers. You need to get out more and meet independant women who don't give a crap about a guy's assets, or have our own assets (or more than the guy), or simply have more dignity and just want out...not stuff. Unfortunate you haven't met any women like that...I know plenty.

[tonychau]

+1 girl power!!

WWooo woo. love the reply! lol


It applies to my Mother and Sister, since you asked. I wouldnt blame my mother one bit for trying to get whatever she could if my father left her. My sister well she would have to find someone willing to date her first :p If I was a woman who got dumped I would fight hard to get everything I felt I was owed.



Incorrect.

[nuberific]

I'm pretty confident my girlfriend wouldn't go after my stuff. She won't even let me pay for dinner as it is (I win, I know :razz:).

[Corinthein]

If I live with my girlfriend in Ontario, how long before common-law takes effect?
I am curious that if we break up after 6 months, she can start claiming support, or go after my property.
(no kids)

Is her name on the mortgage or is she contributing? I've heard that if you don't disclose you are common law, like on your yearly taxes you could get away with claiming she is simply a lodger at your residence (hence why she receives mail)
Honestly the rights of common law partners is BS. If you want to try living together before you were to get married, why should you be penalized if things go wrong.

[AudiDude]

I'm pretty confident my girlfriend wouldn't go after my stuff. She won't even let me pay for dinner as it is (I win, I know :razz:).

The problem is, her friends. They will tell/convince her she should go after your stuff. My experience watching female family friends after a divorce or break up, they have mostly all gone for the gold. They also start off being reasonable, but as they spiral into the self pity mode and start with the it was never me it was him, look out. Most of them did it, a few were reasonable. Most of them that were reasonable seemed to go after and get what they deserved (a better husband, or life). They took what they needed and was reasonable and left .

The other ones are hateful towards all men, and even though I knew them growing up, I am on the $h!t list because I have a penis. This one that had a husband (who is 30 years older than me) that worked at the same company really as I once did hates me because of that and I am a male. She now rarely talks to anyone as she turned from the happy mom into a hater.

[Nikita]

Is her name on the mortgage or is she contributing? I've heard that if you don't disclose you are common law, like on your yearly taxes you could get away with claiming she is simply a lodger at your residence (hence why she receives mail)
Honestly the rights of common law partners is BS. If you want to try living together before you were to get married, why should you be penalized if things go wrong.

Honestly, considering you have to be living together for 3 years to be deemed CL (for purposes of property division or support), you're not exactly 'trying it out' by that time. And since a division of property only includes property acquired between the time of moving in together to the time of separation (1/2 of which each are entitled to), how is anybody being penalized?/

WRT your first statement, sorry but you're wrong. All that has to be proven is that you lived together for 3 years (which isn't hard to do).