# Common-law



## Sharon (Oct 16, 2014)

Hi, I am living with my boyfriend now for 2 years, I live in Ontario and I know we may be considered Common-law, I am looking at what to do for my future. He own's the house and we both done our taxes separate and not under common-law. He refuse money from me also he don't want me to pay for any house renovations or repairs. I always wondered why. But, my concern is when I retire and if anything happen to him I will need to look for a place and with no other support. As we are not claiming common-law or married. What should I do for savings and my options.


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## Davis (Nov 11, 2014)

Under Canadian tax law, you are considered a couple for tax purposes -- it is not a choice. This may affect your or his ability to claim income-tested benefits like the GST credit of child tax benefits. 

As far as the house is concerned, you probably want to ask a lawyer about what rights you would have to the house in the event of his death or relationship breakdown.


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## cainvest (May 1, 2013)

Here's some reading on the subject -> http://www.commonlawrelationships.ca/ontario/

As far as retirement savings go, open an account in your name and put all the money you're not spending on the house in there along with whatever else your budget allows. Lots of material around on how to invest that money for your retirement.


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## birdman (Feb 12, 2013)

Laws vary by province. Recently in BC certain things are excluded from marital beakups. I believe these include things you brought into the marriage (and presumably common law relationships), an include gifts, inheritances, and perhaps some others. Its not that straightforward though and legal advice should be obtained. 
Also, how committed are you to the relationship and do you have wills and who are the beneficiaries. Also, does he have life insurance, perhaps through work, and if so are you the beneficiary. Suggest you sit down and have a talk to him about these things and/or talk to a lawyer.


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## Rusty O'Toole (Feb 1, 2012)

Get married. If he refuses, what more do you need to know?


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## indexxx (Oct 31, 2011)

Davis said:


> Under Canadian tax law, you are considered a couple for tax purposes -- it is not a choice. This may affect your or his ability to claim income-tested benefits like the GST credit of child tax benefits.
> 
> As far as the house is concerned, you probably want to ask a lawyer about what rights you would have to the house in the event of his death or relationship breakdown.


Is this certain? For the sake of argument, why can't they simply say they are roommates if they wanted to? I always thought claiming common-law was a choice.


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## Davis (Nov 11, 2014)

No: being in a common law relationship is a matter of fact. The poster told us that she has been "living with her boyfriend for two years". If she says to CRA "we're roommates", then she is lying, isn't she? I don't think the CMF should be counselling people to lie on their tax returns. You may be thinking of the the US system which allows people to choose to file jointly or separately. This is not the case in Canada.

From the Canada Revenue Agency website (on the tax question) http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/prsnl-nf/mrtl-eng.html:

"In the "Information about you" area, tick the box that applied to your status on December 31, 2013. Tick "Married" if you had a spouse, or "Living common-law" if you had a common-law partner. 

"Common-law partner: This applies to a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:
a.has been living with you in a conjugal relationship, and this current relationship has lasted at least 12 continuous months;
b.is the parent of your child by birth or adoption; or
c.has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support."

There is no choice here -- you are or are not in a common law relationship, depending on the facts of the situaiton.


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## carverman (Nov 8, 2010)

I think this statement below ( common law relationships in Ontario), says it all in regards to the house they are living in. If the house deed is not set up as JOINT TENANTS and spouses of each other, property rights go to the person listed on the deed. 



> Unlike a married spouse, a *common law partner in Ontario has no right to seek an equalization of net family property (a division of assets)*. Each person keeps what is in his or her name. Joint property is shared equally and sold if necessary to divide the proceeds.


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## kcowan (Jul 1, 2010)

The thing to be careful about is what you contribute to. If he wants you to have no connection to his house, then your money should go into your own savings account. Keep all things separate like car payments. Share common expenses based on some formula. Usually that is not 50-50 but a ratio based on income. Then if you separate, you will end up even or ahead. Good luck. You are common law so take advantage of any splitting available from the CRA.


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