Common Law Relationships

Nikki Simon

New member
Nov 10, 2002
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How long does a relationship, where the couple is cohabiting, have to subsist before a common law relationship is established?

If one is deemed to have a common law relationship, how does that affect one partner financially if the relationship then fails.

This question relates to a foreign man and a Dominican woman. Basically, what are my rights?

Thanks
 

Rosanie

New member
Sep 20, 2002
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In Canada....2 people cohabitating for a period of 12 months or longer are automatically considered Common Law and have the the same rights as a legally Married couple. Financially, I dont think a common law relationship would have the same leverage if you were married. These days a Common Law relationship is the next best thing to getting married - all the rights are pretty much equal. In DR - I think Common Law relationships are recognized by the law - I am not aware of the details. Hopefully someone on this board will!
 

ricktoronto

Grande Pollo en Boca Chica
Jan 9, 2002
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One HUGE exception

Rosanie said:
In Canada....2 people cohabitating for a period of 12 months or longer are automatically considered Common Law and have the the same rights as a legally Married couple.

Property rights for the matrimonial home are non existent with common law relationships in Canada, that's the exclusive purview of being married legally.
 

AnnaC

Gold
Jan 2, 2002
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Really? When did that change Rick? Unless it changed recently the only thing you can't have is the common law spouse's CPP . Even if you get a prenuptual agreement you can't write off your or their rights to the matrimonial home. Sorry for hijacking the thread.
 

ricktoronto

Grande Pollo en Boca Chica
Jan 9, 2002
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The general status in Canada now is

non legally married couples living common law do not have the Family Law Acts respecting matrimonial home status applied to the common law spouse that does not own the house. Though it appears legislative changes abound to change this assuming they can define common law in terms of duration etc.