secondtube Posted February 23, 2005 Report Share Posted February 23, 2005 I'm renewing my insurance policy, and a friend mentioned to me that i should claim i'm common law married because Theresa and I have been living together for almost four years. i said it wouldn't be considered living together because we live at my parents house (albiet paying rent), but i wasn't sure... I didn't want to look like an idiot infront of my Broker if i claimed i was common law. Thanks, Steve Link to comment Share on other sites More sharing options...
bouche Posted February 23, 2005 Report Share Posted February 23, 2005 I believe that living together outside of marriage for at least one year defines y'all in a common-law relationship. Try this website Link to comment Share on other sites More sharing options...
PalacePrincess Posted February 23, 2005 Report Share Posted February 23, 2005 they changed it a couple of years ago, now you only have to be living with someone for 6 months to be considered commonlaw. so she was entitled to half of your stuff a looonnnnng time ago. heehee Link to comment Share on other sites More sharing options...
secondtube Posted February 23, 2005 Author Report Share Posted February 23, 2005 well sh!t, looks like i'm married, hehehe. Link to comment Share on other sites More sharing options...
bouche Posted February 23, 2005 Report Share Posted February 23, 2005 congratulations! where do I send the toaster oven? Link to comment Share on other sites More sharing options...
Esau Posted February 23, 2005 Report Share Posted February 23, 2005 My sister went through this recently,when I see her I'll get the info she was given.I know she was considered common law right away. Its off an H&R Block website,but says its according to the income tax act. Spouses and Common-law Partners The Income Tax Act treats spouses and common-law partners the same way. However, it is important to understand what the terms mean. A “spouse” is simply someone to whom you are legally married. The definition of a “common-law partner,” on the other hand, depends on whether or not you have children. If you start cohabiting with someone who is the parent of your child, you are considered to be common-law partners from the time you move in together. A “parent,” for this purpose, includes an adoptive parent (whether in law or in fact) as well as a natural parent. If there are no children involved, you only become common-law partners after you have lived together in a conjugal relationship for 12 continuous months. The 12-month period includes any period that you were separated for less than 90 days because of a breakdown in your relationship. “Common-law partners” include same-sex partners as well as opposite-sex partners. http://www.hrblock.ca/Planning/Life_Events_Stages/Getting_Married_or_Living_Common-law.asp Link to comment Share on other sites More sharing options...
Alexis Posted February 23, 2005 Report Share Posted February 23, 2005 i went through this a few years ago very vrey varefully cause i wanted to keep my sh!t and not give half of it away. it doesn't matter where you live, as long as you live together and your parents aren't claiming you as a dependant. the fact that you pay rent helps. most of the time this type of thing is never checked on, including for medical benefits which is surprising. hey, aren't you in school for insurance? ask one of your teachers! Link to comment Share on other sites More sharing options...
secondtube Posted February 23, 2005 Author Report Share Posted February 23, 2005 i'm on reading week, and i'm renewing my policy this week... thanks for the info all... Link to comment Share on other sites More sharing options...
Super Freak Posted February 23, 2005 Report Share Posted February 23, 2005 they changed it a couple of years ago, now you only have to be living with someone for 6 months to be considered commonlaw. so she was entitled to half of your stuff a looonnnnng time ago. heehee Not from what I understand. Marriage is the only institution that gives you the right to half of someone elses posessions. You may(note, "may") be able to claim spousal support through the Family Law Act, but you have no right to the others property, real or personal. You are not married if you are living common law, in any way. You can enter into a cohabitation agreement, but, again, you still are not married under the law. Link to comment Share on other sites More sharing options...
MoMack Posted February 23, 2005 Report Share Posted February 23, 2005 Could be wrong - but I think the Freak is right. Common-law does not mean losing your shirt. Link to comment Share on other sites More sharing options...
SaggyBalls Posted February 23, 2005 Report Share Posted February 23, 2005 the freak knows her shiznit. Link to comment Share on other sites More sharing options...
Super Freak Posted February 23, 2005 Report Share Posted February 23, 2005 Could be wrong - but I think the Freak is right. Common-law does not mean losing your shirt. no you won't loose your shirt, unless you bought a house together and put it soley in the other's name, then you are screwed. when you get married you are entiltled to half of the matrimonial home, etc. The home where the married couple resides becomes the matrimonial home no matter who holds the title. Not the case in common law marriage. Link to comment Share on other sites More sharing options...
PalacePrincess Posted February 23, 2005 Report Share Posted February 23, 2005 fyi, i was kidding about the losing half his stuff part. but i just looked some of this up, and as of 1980 you could sue for palimony in Canada: "The Supreme Court of Canada recognized 'palimony', the equal distribution of assets in failed common-law relationships." but before anyone gets worried, i also found this site that has not only has a lot of information about commonlaw relationships, but it seems we amended the law in 2002, so property was not included unless it was jointly purchased. http://www.dyment.com/articles/common.html Link to comment Share on other sites More sharing options...
secondtube Posted February 23, 2005 Author Report Share Posted February 23, 2005 ok.....but can i still claim common law on my insurance? Link to comment Share on other sites More sharing options...
Esau Posted February 23, 2005 Report Share Posted February 23, 2005 According to the income tax act you can.... Link to comment Share on other sites More sharing options...
Super Freak Posted February 23, 2005 Report Share Posted February 23, 2005 I'm quite sure common law couples have been given rights such as tax's, pension, insurance and other benifits. Don't feel dumb asking your tax guy, if everybody already knew all the tricks then we wouldn't need to hire these jokers. Link to comment Share on other sites More sharing options...
secondtube Posted February 23, 2005 Author Report Share Posted February 23, 2005 Thanks everyone! btw, esau, what the heck is a "Weaponized Virus Musket"? Link to comment Share on other sites More sharing options...
Super Freak Posted February 23, 2005 Report Share Posted February 23, 2005 Isn't a tune by the Gourds? Not sure, but I saw it on etree I think. Link to comment Share on other sites More sharing options...
Esau Posted February 23, 2005 Report Share Posted February 23, 2005 Yep..its a song,although I used it in my sig for its meaning. Link to comment Share on other sites More sharing options...
mark tonin Posted February 23, 2005 Report Share Posted February 23, 2005 Hmmm, an interesting question secondtube, and one that I haven't specifically read about. I will see if I can find any info on that specific issue when I'm at school tomorrow. As for property division, SuperFreak is correct. Here is one of the teaching notes that I use with my Grade 11 Law students. Note the common law info near the bottom of it. In Ontario, the Family Law Act, 1986 outlines how property is divided when a marriage ends. Generally, the value of all property acquired during the marriage is divided equally, with certain limited exceptions. Exceptions include: - the value of property owned by each spouse prior to the marriage (it goes back to the original owner) - any gifts, inheritance, or life insurance proceeds received by one spouse during the marriage (as long as they are kept separate and are not put into the matrimonial home) - any property that the spouses had previously agreed, by way of contract, was not to be included in the division of property - note that the matrimonial home (the principle place of residence for the married couple) is subject to equal division regardless of how the home was acquired, unless there is a contract saying otherwise. It doesn't matter if one spouse owned the home prior to the marriage - it is split evenly unless a contract says otherwise. It does not matter why the marriage broke down or which spouse earned more money – each spouse is entitled to half of the net family property acquired during the marriage. Only legally married spouses are entitled to use the rules of property division provided by the Family law Act, 1986. If a common law relationship ends, each person in the relationship is entitled to the assets that he or she purchased (if it's in your name or you can prove you bought it then it's yours). Unlike legally married couples, property acquired during a common law relationship is not automatically split. I know that it doesn't answer secondtube's question, but I thought some of you would find the info interesting and useful. Consider the above when getting married or when entering into a common law relationship. Peace, Mark Link to comment Share on other sites More sharing options...
timouse Posted February 24, 2005 Report Share Posted February 24, 2005 hmmmm....mark tonin, your teacher side shows through again! *grin* belated congrats secondtube...i have a toaster still in the box from my wedding, i'd happily send it to ya! cheers timouse Link to comment Share on other sites More sharing options...
freerange Posted February 24, 2005 Report Share Posted February 24, 2005 from personal experience...don't claim you are common law if you are broke. Student loans and income tax concerns are should be all straight before you claim common law status with the government. our ducks were not in a during school and we got royally screwed for two years for mistakenly claiming this status. Link to comment Share on other sites More sharing options...
secondtube Posted February 24, 2005 Author Report Share Posted February 24, 2005 i have no debt from school or the government, just credit card. will claiming common law affect my credit card debt? i have no student loans or income tax debt. BUT THANKS...i appreciate all the info i'm getting. I did just find out my broker thinks she can get me 800 per year, for the same coverage. Thats a drop of 1200 a year!!! (and thats w/out claiming common law....just from an at fault accident being dropped, being a part of the CIP insurance society, and trying a new company...my month payments should drop from 180 a month to about 75....sounds too good to be true.) Link to comment Share on other sites More sharing options...
MoMack Posted February 24, 2005 Report Share Posted February 24, 2005 I would say in a lot of ways that you're better off solo unless its a sure thing to last forever..... I was thinking about it some more, and I seem to remember some cases where common-law wives got a good chunk of dough. I may be wrong, but I think the lawyers like to throw out the word "unconsionable" etc. etc. and that can really switch things up... with any luck I'll forget by the time I go home so that I don't get into the old family law text... Link to comment Share on other sites More sharing options...
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