co-habitation agreement

[odzzy]

Moving in with boyfriend in a month. I will be paying him $600 rent/month. If I am paying him rent, does that still eventually make us common law? and if we are considered common law, how do I go about making a co-habitation agreement? I have much more money than he does, and the last thing I need is him talking half of my savings if we break up. How do I protect myself?

[momof3heathens]

If you are in a sexual relationship or even just sharing a bedroom then I'd imagine it would be considered common law.

[lady_arianna]

actually it depends on where you live, i believe to be considered common law in bc you have to live together for 2 years or have a child together

you are not auto considered common law right when you move in with someone

[odzzy]

ok how do I go about getting a co-habitation agreement? if I make one myself and both parties sign does it make it legal?

[brunt]

See a lawyer. Too important to not have done correctly.

But GET AN AGREEMENT!

[Darth Penguin]

See a lawyer. Too important to not have done correctly.

But GET AN AGREEMENT!

I agree. Sure it's not romantic but at the end of the day there should be something in place to protect you in the worst case scenario.

[Slegare]

Where do you live? I'm a legal assistant. I may be able to help. In AB you can become common law even with a roomate!

[Insane]

I thought I was going crazy for a second. I saw your same question on a different site!

I thought it was 6mths for the federal government to be considered common law. I also thought, and I could be wrong, that division of assets doesn't take place in a common law relationship, unless there are assets acquired after you became common law.

[Slegare]

I thought I was going crazy for a second. I saw your same question on a different site!

I thought it was 6mths for the federal government to be considered common law. I also thought, and I could be wrong, that division of assets doesn't take place in a common law relationship, unless there are assets acquired after you became common law.

Yeah. It is 6 months.

[24/7in2011]

No. It is not 6 months, and it is based on the Family Law Act. Some of it is federal, some of it is provincial.

Go to a lawyer, get an agreement. Sorry, it's not romantic, but certainly practical. I am sure that, if in reverse, he'd agree too.

[Slegare]

It depends where you live.

[Ciel]

CRA defines a common-law status for income tax purposes as follows:
http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/prsnl-nf/mrtl-eng.html

As some other SCers have pointed out, your province or territory of residence will prevail on how assets are divided (under Family Law or Property rights). Common-law may not have the same property rights as married and also asset value accrued during relationship is something you have to explore.

BTW, for a rental, consider having your name on the rental agreement too (and any kids that you, he or both have together). I knew of one situation where one of the common-law persons (ON) allowed a youth friend of the tenant daughter in the apartment but common-law partner, not a fan of that youth, had the youth prohibited from being in the unit. Superintendant went by names on the agreement and kept youth out. Sad but true.

[brunt]

I agree. Sure it's not romantic but at the end of the day there should be something in place to protect you in the worst case scenario.

I never really "got" the "it's not romantic" argument. The agreement is about assets, it's not about romance.

You don't buy life insurance because you think you are going to die, you are buying insurance in case you die. Likewise, you enter a cohabitation agreement as insurance in case you break up, not because you think you will.

Full disclosure - while I recommended getting an agreement to the original poster, I never had one, nor did I have a pre-nup. Then again, we did not live together before we got married, and when we got married, I had nothing but good prospects to my name.

[KrazE]

If it's Ontario then it's 1 year according to CRA for taxes, but legally it's 3 years in the eyes of Family Law.

Of course every case is different, but there is the whole 'unjust enrichment' clause depending on your personal situation. Otherwise, you leave what you came with.

One other piece of advice - don't open a joint account. Also, when 'paying' him for rent, or making bill payments, do it online and/or through e-transfers - a paper trail is your friend.

[save_girl]

I never really "got" the "it's not romantic" argument. The agreement is about assets, it's not about romance.

You don't buy life insurance because you think you are going to die, you are buying insurance in case you die. Likewise, you enter a cohabitation agreement as insurance in case you break up, not because you think you will.

Exactly. I've also heard pre-nups/co-hab agreements compared to wearing a seatbelt. You wear a seatbelt even though you don't think you are going to be in a car crash.