In Ontario you are usually considered common-law if you’ve lived together for 3 years or as
soon as you have a child together. In most Federal laws, a common-law
relationship is recognized after 1 year. If you fall
into this category – read on!
If you have a child together, and later
separate, the same rules apply regarding child support as for married couples. Common-law spouses
also have similar rights and responsibilities regarding spousal support as
married couples in Ontario. The legal responsibility to support your
spouse applies if you have lived together continuously for 3 years, or are in a
relationship of “some permanence” and have a child together.
Only married couples share the value of their property when they separate. But, when two people live
together in a common-law relationship their property often becomes
intermixed. If they separate, disagreements arise about what each person
will take from the relationship. If one partner has contributed time or
work that helps the other buy or maintain property, such as a home, this may
give rise to a claim for the non-owner spouse. It gets complicated, fast….
Common law spouses do not have equal rights to
stay in the family home following separation if their name is not on title. And
the spouse who has legal title to thehome can sell or re-mortgage without the other’s
written permission.
A Cohabitation Agreement is the best way to
protect yourself from the uncertainty of separating from a common-law spouse.
In it, you and your partner can decide how to arrange finances and how to deal
with property, support, and debts if you separate.
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