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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99954
Experience:  Lawyer
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My partner and I have been living together since Sept 2015.

Customer Question

My partner and I have been living together since Sept 2015. He has recently been diagnosed with Multi Infarct Dementia and was told he should get his affairs in order. The house we live in is in his name - he pays the mortgage I pay the bills. We don't have any assets together, everything is seperate. Do we need to have a cohabitation agreement at this point (only been living together for 8 months)?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is he mentally competent at this point in time? Can he now make decisions about finances and about his care?

Who do you believe should inherit the house? Are you wanting to make a claim to any of his assets?

Customer: replied 1 year ago.
He has no short term memory at this point. He would still be able to make decisions as to who should get what at this point. We do know that all paperwork has to be done asap. Its his home so I think it should go to whoever he decides - I don't believe I have any rights to it? I don't want any of his assets or the house. What I brought into the relationship I will leave with and he the same. There are no issues. My concern is mostly to protect myself and my assets.
I am about to lose my job due to the emotional stress and all the time off I had and will have to take to deal with all the appointments. His family (who are all in Ontario and we are in AB) don't see the significance of this.
Expert:  Debra replied 1 year ago.

Your assets are not at risk. First, common law spouses do not have property rights in Alberta. Second, you did not achieve common law status at this point in time. Third, an estate doesn't make a claim to the assets of a common law it is the opposite that what would happen and it would be you that would be possibly making a claim so I don't see any reason for a cohabitation agreement at this point in time.

Customer: replied 1 year ago.
ok, thank you for clarifying that. One less thing to deal with!
Have a good day!
Expert:  Debra replied 1 year ago.

You are very welcome.

As it appears that we are done please be sure to rate me. I will not receive credit for my work until you do.

Take care.

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