Canada Family Law

Have a Canadian Family Law Question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

Canada Family Law

My boyfriend I and have been living together consecutive

Customer Question
My boyfriend I and have...
My boyfriend I and have been living together for 12 consecutive months which should meet the requirement of common law partner. We lived in the condo that under my name and have joint chequing account. I want to know is that if the martial status of both of us has to be common law partner? Is that possible to claim us as singles? Since we don't want to share any property and debt until we get married, does the common law relationship is recognized automatically once it satisfied with requirements?
Submitted: 1 year ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 2 hours by:
2/28/2016
Family Lawyer: Legal Ease, Lawyer replied 1 year ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101,832
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

What province do you live in please?

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
Ontario
Family Lawyer: Legal Ease, Lawyer replied 1 year ago

In Ontario for family law purposes you are not to common law spouses unless you either have lived together for three years or unless you have a child together.

In Ontario, common law spouses never have property rights so regardless of how long you live together you will never share in the value of your assets because of your common law relationship. However, if either of you contributes to the value of an asset in the other spouse's name that contributor would possibly have a claim to share in the value of the asset and that has nothing to do with your common law status but it is the law for everyone so it may be that even now one of you could make a claim to the value of an asset in the other' s name.

The most prudent approach for you to take is for you to have a cohabitation agreement.

While you did not mention support you should know that common law spouses do you have spousal support rights and obligations just the way legally married spouses do so in three years or if you have a child together a spousal support claim could be made by one of you against the other.

Let me know if you need any further clarification.

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
Ok, thank you for the clarification on the definition of common-law spouse. As you mentioned above, the prudent approach is to have a cohabitation agreement. I am wondering what cohabitation agreement could do in order to protect my own assets? Does it like a prenup which could clarify the ownership of assets? What should I do if I only want to maintain a healthy relationship with my boyfriend right now, like sharing an address and one joint account, without being recognized as a common-law spouse for more than 3 years?
Family Lawyer: Legal Ease, Lawyer replied 1 year ago

The cohabitation agreement is very similar to a marriage contract (that is term we use in Canada. A pre-nup is the US term). The agreement is a contract where the two of you decide what will happen if the relationship breaks down. So the Act doesn't apply but the contract is what sets the rules.

You would be able to say that you each own what is in your own name and neither can make a claim for an interest in any asset in the other's name. You can also say that regardless of how long you cohabit neither can ever bring a spousal support claim.

It is fair because you are both deciding and sometimes the law is not fair otherwise.

As well, if your relationship ends there is no legal battle and that is a huge, huge plus.

Ask Your Own Canada Family Law Question
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101,832
101,832 Satisfied Customers
Experience: I am a practicing lawyer and have also been an online professional for 5 years.

Legal Ease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

101,832 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

221 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
I have been served with a Petition for Divorce. It doesn't
I have been served with a Petition for Divorce. It doesn't tell me what the date of the proceeding is, only that I have 30 days to respond. How can I find this out? … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,078 satisfied customers
Divorce in ontario canada. can the house be assigned to our
divorce in ontario canada. can the house be assigned to our son ? . instead of spliting it between husband and wife.… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,078 satisfied customers
I was married in Cyprus and lived in Cyprus for one year. I
I was married in Cyprus and lived in Cyprus for one year. I brought my wife to Ontario and registered her as my wife. If I get a divorce in Cyprus can I file it here in Ontario the divorce papers that… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
I am a 16 year old living in ontario. my mother has sole
second opinion] hi. i am a 16 year old living in ontario. my mother has sole custody over me but because of abusive circumstances, i now live with my father. there was never an official custody battle… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,078 satisfied customers
My husband is cheating on me what can I do. Bc. No I don't
my husband is cheating on me what can I do JA: Family law varies by state. What state are you in? Customer: bc JA: Have you talked to a lawyer yet? Customer: no I don't have funds JA: Anything else yo… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
I live in a condo in Calgary, Alberta. The header above my
I live in a condo in Calgary, Alberta. The header above my patio doors is sagging due to water damage. As a result I cannot open my patio doors. The condo board has sent 6 different contractors to ass… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
We were divorced in October '99 and reconciled in
We were divorced in October '99 and reconciled in $2004-2016. He has taken me for Everything since we were back together. Now he moved to Toronto and cancelled my medical. Can I go back to my Divorce … read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
I'm in a common law relationship that after 7 years has
I'm in a common law relationship that after 7 years has ended. We own a house together for the past 4 years and have a child together. I own a license family day home as well. He is telling me I have … read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
Caitlin again... I have reached out to a lawyer that was
Caitlin again... I have reached out to a lawyer that was suggested to me. She is quite busy and didn't really have any referrals for me as I am in Hamilton. I am not sure what steps to take to ensure … read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
I was just told that my husband was having an affair. This
I was just told that my husband was having an affair. This woman kind of bragged how she went with my husband on a motor bike trip. She happened to tell her neighbor about it and how my husband took h… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,078 satisfied customers
I have some follow-up questions on my application to
Hello,I have some follow-up questions on my application to immigration to Canada, under Express Entry.1. For Contact information, can I file a different address than the current address in the Address… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
I am a 16 year old living in ontario. my mother has sole
hi. i am a 16 year old living in ontario. my mother has sole custody over me but because of abusive circumstances, i now live with my father. there was never an official custody battle or change becau… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
My mother died last year in Toronto, Canada and had no will.
My mother died last year in Toronto, Canada and had no will. She has a bank account in Malta with around €10,000.00 in it. There are six siblings , one of which lives in Malta. We are trying to have t… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
Work Permit and SIN I have opened a corporation in Quebec,
Work Permit and SIN I have opened a corporation in Quebec, rented and apartment, and am looking to hire employees in Montreal. What are the "best practices" for me to ensure that I can live and operat… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
My sister is 40 years old. She has two kids, an 8 years old
Dear Sir, My sister is 40 years old. She has two kids, an 8 years old boy and 6 years old girl. We are all living in Ottawa ,Canada She is separated for more than 5 years. She has been taking care of … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,078 satisfied customers
I'm a Canadian citizen married to Indian citizen who is
I'm a Canadian citizen married to Indian citizen who is right now living in India and I'm in USA working on TN visa.For some reason our marriage is not going good.What are our options if we decided to… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
I have grown up in the Alberta Child Welfare system
I have grown up in the Alberta Child Welfare system (Government services) and they really screwed around with my life. to the degree where I was led to believe and even temporarily had mental health i… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
Divorced in 2005.Have a somewhat challenged adopted daughter
Divorced in 2005.Have a somewhat challenged adopted daughter 28 years old I am 70 this week and still under court ordered support of $811/ month. The girl has been out of her mother,s home for 3.5 yea… read more
Legal Ease
Legal Ease
Lawyer
101,832 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x