My boyfriend and I lived together for about 14 months. We each bought stuff in our own names, but we decided to buy a condo together. How can I get my share of our assets?

Firstly, it is likely that you'll each be allowed to keep the property in your separate names. If there is an asset, apart from your condominium, which has significant value, you may be entitled to make a claim under trust law. If you're going to be successful in making, for example, a constructive trust claim, your contribution to either the purchase of the asset or the maintenance of your household will have to be substantial. As far as your condominium is concerned, you can make an application for the division of the condominium under the Partition of Property Act.

My boyfriend and I were engaged to be married and we'd lived together for 18 months. He died without a will. How will his assets be divided? (by M of Victoria, BC)

If there is no sexual relationship, but a dwelling is shared together, as friends, can the friend, following the other's death, turn around and contest the will by claiming a common law relationship? (by D of Burnaby, BC)

I had the paternal father of my 10 year old daughter declared unacknowledged on her birth certificate at time of birth. How do I go about getting sole custody of her? I do not know where her paternal father could possibly be. (by T of Courtenay, BC)

My friend has been living with her boyfriend for 14 months. He's trying to kick her out of the house with nothing but the shirt on her back. Does she have any legal recourse? (by A of Vancouver, BC)

My girlfriend and I have been together for exactly 25 months. We'll be separating next week. Am I on the hook for spousal support?

Not necessarily. While you and your girlfriend qualify as common-law spouses, her entitlement to spousal support will depend on your particular circumstances. The simple fact of your status as a common-law couple does not give her an automatic entitlement to spousal support. She still must bring a case against you and prove that she has been financially disadvantaged as a result of your relationship or its breakdown, and establish one or more of the grounds one which an Order for spousal support is made.

Assets

I am in a common law relationship with my partner. I have been engaged to be married to him for 2 years. We have been together for over five years and living consistantly together for almost 2 years. We have a three year old daughter together and I have a twelve year old daughter from a prior relationship. I am working part-time. He is working full time. and makes quadruple what I make. He has purchased a house that we have had built and are moving in to it soon. He pays all the bills. Everything is legally in his name. I do all the house hold chores and tend to the children. I am worried that if there was a breakdown in our relationship, I would be out in the street with my two children. Would I be entitled to anything? (by D of Coquitlam, BC)

I would now like to purchase a house. Because of my partner's poor credit rating, I will be buying the house in my name alone, but he will continue to live with me. If the house is purchased in my name will he be entitled to a share in the house should we decide to separate? (by K of Victoria, BC)

My girlfriend and I have lived together for approximately 3 years. Last year we bought a condo together. If I move out, does that impact how the assets will be divided? (by S of Cyberspace, BC)

18 months ago I signed a legal separation with my common-law partner of 26 months. I contributed to the mortgage and expenses. Upon separating I was told by my ex and the mortgage company that my home hadn't increased in value. I accepted that and left with the orginal money I paid to the down payment and some home renovations. I have found out that home is to be sold (I am not off title) and worth almost an additional $100,000 than we paid. Can I file a lis pendens in hopes that I have more interest coming? (by L of Fort St. John, BC)

My girlfriend lived with me in my house for 17 months. She was actually still legally married to someone else during this time. What claim does she have on my house and assets? (by D of Vancouver, BC)

My common-law spouse and I have lived together for 10 years. He did not have any assets or financial resources when we met, nor did he contribute financially to the relationship. He stayed at home to pursue a career as an artist while I earned the household income. Does he have equal share in the house's equity? (by K of Vancouver, BC)

I have been in a common law relationship for 15 years. We built a home 6 years ago of which I contributed 70% more cash then my partner. Does he have rights to 50% of the sale? If I buy him out, is he responsible for 50% of the realty fees I will need to pay when the home is sold or 50% of the owed property tax? (by D of Victoria, BC)

I will be moving in with my boyfriend who bought a condo five months ago. We have agreed to split his mortgage payments when I move in. If we seperate after two years or more, do I have any rights to his condo if I have contributed to his mortgage for that amount of time? Should I have a legal contract made up regarding this matter? Should I insist on being put on his condo contract or whatever it's called? (by S of Vancouver, BC)

Am I entitled to my common-law husbands business assets? I have a feeling he may be trying to hide all his assets. (by N of Vancouver, BC)

Spousal Support & Child Support

I am aware of the time restraints on claims for child support in common-law relationships. My question is that since there is a 1 year time-limit on putting a claim in for child support, is there a time-limit on how long you can claim for access and guardianship? (by N of Kelowna, BC)

My common-law spouse and I have lived together for 10 years. He did not have any assets or financial resources when we met, nor did he contribute financially to the relationship. He stayed at home to pursue a career as an artist while I earned the household income. What is the likelihood that he could claim spousal support? (by K of Vancouver, BC)

Common-Law Status

By the laws of Canada, how long must a couple live together to be considered a married couple? If a separation occurs and one partner wishes to divide the assets 50/50, is there a separate amount of time that they must live together? (by J of Buckhorn, ON)

I have been living with my common-law spouse for more than 10 years. We have a teenage daughter. We are now separating. Do we have to actually obtain a divorce now before we can remarry? (by C of Port Hope, ON)

My brother is currently in a relationship. She and her children moved into his house with him a few months ago. My brother no longer wants to continue the relationship. We are concerned that she may try to claim half of his assets. After how much time are people considered to be common-law married? (by L of Victoria, BC)

Can you have a common-law relationship if you are still legally married to someone else? Also, why is it legal for common-law couples to file income tax after one year but any thing else is two years? (by D of Midway, BC)

I am divorced and my partner is legally separated. We have been living together for 3 years, with my divorced finalized two years ago. Because she is not divorced, can we be considered to be living in a common-law relationship? (by S of Baden, ON)

I moved in with my boyfriend straight from my parents home, but I did not change my address. I've lived with him for a year. Do we qualify for a common-law partnership if our mailing addresses are not the same? (by K of Courtenay, BC)

How do I avoid becoming common-law? (by A of Victoria, BC)

My girlfriend and I have an interesting situation. We both want to live together, yet we do not want the status of "commom-law". Is there any paper agreement we can sign that shows both of us waive our rights to this status, or conversely, what can we do to avoid this designation? Charging rent, sharing bills or other paper trails? (by B of Vancouver, BC)

Other Issues

How can I end a common-law partner relationship, which government institutions must I inform? (by J of Vancouver, BC)

I have recently separated from my common-law partner. We are stilling living under the same roof, which is a condo registered in my name. Is there any way I can force her to leave? (by G of Coquitlam, BC)

My boyfriend lived with his ex-girlfriend for three and a half years. He paid for all of their rent and their other bills and expenses. He basically supported her. She bought groceries and paid for the occasional bill. The relationship eventually failed and she moved back in with her parents. My question is does she owe him any money because he supported her for such a long time? (by L of Langley, BC)

In a common law relationship, what rights do the two parties have to make decisions or sign for medical procedures for their partner in the event of an accident or emergency? Can we have a legal contract drawn up to allow for this? (by J of Nanaimo, BC)

If I enter into a common-law relationship, would I be legally responsible for any debts incured in my partners name, either before or during the relationship? (by A of Mission, BC)

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