Canada Family Law

Have a Canadian family law question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

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: 2 years 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 2 years ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 106,047
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 2 years ago
Ontario
Family Lawyer: Legal Ease, Lawyer replied 2 years 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 2 years 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 2 years 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
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 106,047
106,047 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

106,047 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

259 satisfied customers

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

< Previous | Next >

Related Canada Family Law Questions
I replied to your answer and rated your previous response
I replied to your answer and rated your previous response and I'm not sure my additional question went through. I understand the cohabitation agreement. Is that recognized as NOT legally married as co… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
Thanks for your previous answer. My partner and I have
Thanks for your previous answer. My partner and I have recently moved to Canada from the US (2 months) We lived together in the US for 16 months. We live together now, share living expenses, have some… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
I live with a man who is recognized as my common law spouse
Hi : I live with a man who is recognized as my common law spouse as we have lived together 20+ years. Over the last 7 years we have had no relationship but live in the same house which is in joint nam… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
My mother has lived common-law with her partner 20 years.
My mother has lived common-law with her partner for over 20 years. They pass all the tests for a common-law relationship. They have always kept their money separate, and simply share expenses and livi… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
I am an Australian Citizen in a common law relationship with
I am an Australian Citizen in a common law relationship with my partner (Canadian Citizen). If I were to move to Canada under the family sponsorship of my partner and contribute equally to paying the … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
Cpp pension laws change all the time.In 1995 I was told that
Cpp pension laws change all the time.In 1995 I was told that a couple had to be together for ten years or more in order for there to be a pension split.Can I find out what the law was then.… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
I have been cohabitating with my partner for almost four years
I have been cohabitating with my partner for almost four years but now the relationship has ended. I am not sure what my rights are in two areas: property division and in getting my partner to move ou… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
Contract worker in Canada w/ canadian common law boyfriend
im a contract worker here in canada and my visa wl expire this october 2014 and just submitted my application for renewal and work permit extension for the same employer. I have a canadian citizen boy… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
in a sitiuation that im selling a home. i have been sperated
in a sitiuation that im selling a home. i have been sperated for close to two years. now she is seeking finacial gain off the property if it does sell?… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Can I(I am from the Philippines) be common law with my partner
Can I(I am from the Philippines) be common law with my partner (Canadian Citizen) if I was married in the Philippines. Me and my partner are living together in Singapore for 2 years and we are plannin… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
own a business with my ex husband, been separated for 2 years,
own a business with my ex husband, been separated for 2 years, still work together, divorce not finalized but was in progress, am i entitled to his part of the business? can his family come and take i… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
I am legally separated and have been living with a divorced
I am legally separated and have been living with a divorced woman for the past ten years sharing living quarters and everyday living. What is my legal marital status? Am I a bigamist in the eyes of th… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
My son and girlfriend have been together for 8 years. 11 months
My son and girlfriend have been together for 8 years. 11 months ago they bought a condo together. Both names are XXXXX XXXXX deed. They recently split up. They kept their orginal mailing addresses whi… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I need documentation on BC Canada law concerning whether a
I need documentation on BC Canada law concerning whether a person can claim common law status (Wendy and Bob for example) when Wendy and Bob are married to other people. Both are married to others and… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
Hi. I have just ended a relationship with a partner in Nova
Hi. I have just ended a relationship with a partner in Nova Scotia and have moved back to Ontario. We lived in a conjugal relationship from July 2011 up until July 1, 2012. Before living together, we … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 satisfied customers
I share a house with someone of the opposite sex and we have
I share a house with someone of the opposite sex and we have a sexual relationship. We however do not wish to become married or be considered common-law spouses. Is there a way to avoid having to decl… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I am 57 years and my partner is 72. We are in relation 12 years
I am 57 years and my partner is 72. We are in relation 12 years and live 7 year together. we don't have kids just apartment . if I leave him what is it my right.… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
My daughter is a BC resident, a professional golfer, who spend
My daughter is a BC resident, a professional golfer, who spend about 5-6 months in Phoenix Arizona. She has a same sex partner that she stays with while in Phoenix and also spends time at our family c… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,047 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