Legal Question in Family Law in Canada
Just moving in together - when is it common law?
My girlfriend and I are just discussing moving in together. I recently purchased a home, under my name alone, which she is going to be moving into. When is this relationship considered common law, and what would she be intitiled to if we split up? (Ontario)
1 Answer from Attorneys
Re: Just moving in together - when is it common law?
This question has been directed to a British Columbia law firm and must be answered with reference to the laws of B.C. The concept of "common law" is not a concept that applies to the law of B.C.
In British Columbia a person is a "spouse" or a "parent" or both. A person is a spouse if s/he is married to another person or, being unmarried to another person, has lived with that other person for at least 2 years in a relationship that looks like marriage. When separating spouses are presumptively entitled to half of the assets used for a family purpose during the period of living together. Under certain circumstances the division will be unequal.
A person is a parent if s/he is the biological parent of a child or has contributed to the support and maintenance of a child for a year. A parent is obigated to continue supporting child(ren) after separation in an amount determined by the Child Support Guidelines.
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