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Apr 7th, 2009 12:00 PM #1Jr. Member

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Common Law
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)
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Apr 7th, 2009 12:04 PM #2
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Apr 7th, 2009 12:04 PM #3
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.
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Apr 7th, 2009 12:12 PM #4
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Apr 7th, 2009 12:16 PM #5
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Apr 7th, 2009 12:28 PM #6Newbie
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Apr 7th, 2009 12:44 PM #7
please check question #3
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Apr 7th, 2009 12:44 PM #8Member


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I always thought it's two consecutive years of a live-in relationship.
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Apr 7th, 2009 12:47 PM #9Deal Fanatic




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I urge you to get a CoHab LINK agreement 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-...w-marriage.php_______________
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Apr 7th, 2009 01:56 PM #10
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Apr 7th, 2009 07:53 PM #11
Indeed!
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.
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.
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Apr 7th, 2009 09:30 PM #12Deal Addict




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if i remember correctly, the government consider you as common law status after ONE year of living together...
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Apr 8th, 2009 07:24 AM #13Deal Fanatic




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Apr 8th, 2009 12:05 PM #14Moderator




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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.
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Apr 8th, 2009 12:38 PM #15
Automatic one-star because Nikita replied to /trolled the thread.
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