# Home Buyers' Plan (Qualified Spouse)



## Solidify (May 8, 2017)

The Home Buyers' Plan states:



> To be eligible for the HBP, neither you nor your spouse can have been the owner of a residence during the year in which you withdraw funds from your RRSP or over the four previous calendar years.


i am currently a homeowner/tenant in common with my family. My girlfriend still lives with her parents and has never owned property. Would we qualify for the HBP when we buy our own first home together? Would she qualify alone to withdraw from her RRSP for the HBP?


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## Mortgage u/w (Feb 6, 2014)

If you qualify as her spouse - no.
If not - yes.


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## Solidify (May 8, 2017)

What do you mean when you say


> qualify as her spouse?


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## cheech10 (Dec 31, 2010)

Meaning, if you are married to her (or common-law), then neither of you qualify for the HBP.

Doesn't seem to apply to you, since you state she is your girlfriend (not wife) and living with her parents (so not common-law).


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## twa2w (Mar 5, 2016)

cheech10 said:


> Meaning, if you are married to her (or common-law), then neither of you qualify for the HBP.
> 
> Doesn't seem to apply to you, since you state she is your girlfriend (not wife) and living with her parents (so not common-law).


But if they are buying the house together, to live in, they would be common law. (at least as of date of moving in together)
When does the HBP take that change into account? 
I suppose technically they are not comon-law as of date of closing?
However, assuming this is the RSP HBP, then both owners must qualify in order to take advantage of the HBP if I read it correctly. It appears the OP is a homeowner and does not qualify, so neither are eligible.


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## cheech10 (Dec 31, 2010)

If she did not live with the OP prior to buying the new home, she would be eligible for the HBP, even if they enter into a common-law marriage upon moving into the home together. See: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/rrsp-reer/hbp-rap/cndtns/menu-eng.html


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## Solidify (May 8, 2017)

cheech10 said:


> If she did not live with the OP prior to buying the new home, she would be eligible for the HBP, even if they enter into a common-law marriage upon moving into the home together. See: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/rrsp-reer/hbp-rap/cndtns/menu-eng.html


I don't quite understand where you're directing me to on that page.



> However, assuming this is the RSP HBP, then both owners must qualify in order to take advantage of the HBP if I read it correctly. It appears the OP is a homeowner and does not qualify, so neither are eligible.



That's what I was worried about.


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## Mortgage u/w (Feb 6, 2014)

If you have never lived with your girlfriend, then she would not qualify as your spouse or common-law.
Since she is not your spouse or common-law and she has never owned a home before, nor occupied a home you own, she definitely qualifies for the HBP.
Since you own a home already, then you would not qualify. You are evaluated independently since you could both potentially withdraw the maximum from RRSP under HBP. In your case, only your girlfriend can benefit.

"You are considered a first-time home buyer if, in the four year period, you did not occupy a home that you or your current spouse or common-law partner owned.

Notes
Even if you or your spouse or common-law partner has previously owned a home, you may still be considered a first-time home buyer.

If you have a spouse or common-law partner, it is possible that only one of you is a first-time home buyer"


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## twa2w (Mar 5, 2016)

The definition of common-law for purposes of the HBP is living together for 12 months or having a child together.. As per the HBP guidebook from rev can.


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## Solidify (May 8, 2017)

Mortgage u/w said:


> Since you own a home already, then you would not qualify. You are evaluated independently since you could both potentially withdraw the maximum from RRSP under HBP. In your case, only your girlfriend can benefit.


Bingo, that's what I wanted to know.


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