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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101431
Experience:  Lawyer
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If I was common law in Ontario and now have moved to Alberta.

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If I was common law in Ontario and now have moved to Alberta. Does the "common law" start over and have to wait 3 years to become common law again? So every time you move to a new province u start over?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

No it doesn't start over in terms of meeting the definition.

Only a separation will start the clock over.

So if this is about spousal support then if you separate and if you've been dependent on him he may have to provide you with some spousal support for a while.

In Alberta common law spouses do not have property rights to it's not relevant if you are common law or not for property issues.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

He told me that if we havnt been common law for 3 years yet in Alberta so I can't go after his money. I dont know who told him that or why he brought that up. We have never split up in the 5 years together. We have a house in both our names that we bought this year.

I just want to know what answer to give him. Since we have been together for five years the "3" year time does not apply. Would that be correct?

I don't want to break up but I want to stick him good for what he has said in the sense that I can go after his money.

I was very dependent on him when I was in school for over 3 years but I have been working since January 2013. I make half of what he makes. Is that still being dependent ?


I'm not sure what else to ask and say. I just feel he is trying to power trip over me and I don't like that


You don't have any right to his money. You don't share assets when you are common law spouses.

You would be entitled to spousal support for between 2 and 4 years.
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