Moving in with my girlfriend, common law?

[Archie]

My girlfriend wants us to move in together. I'm a bit confused about how common law works, and have a few concerns. First of all, she is deeply in debt (huge OSAP loan and some credit card debt), and makes near min wage. I on the other hand make decent money and have some assets, a maxed out TFSA, an RRSP with about 25k, and an unregistered trading account with a few k. Not a lot compared to you millionaires, but I wouldn't want to lose any of it, and I'm saving over 2k a month. I'm currently renting and have no debt. What would happen if we move in together and then break up a year later, would she be entitled to any of my assets? Also, in the event that she is unable to continue paying her loans, could her creditors go after my assets or income? I've tried googling for these answers myself but found conflicting info.

[augustabound]

I can't speak to any legalities, only the situation itself. You're going to end up paying the bills and spending much more than your girlfriend. Take it from someone who was there at one time.
I think that's your first hurdle to overcome. IMHO.

[Nemo2]

Run, don't walk, for the nearest exit.

[freedom_2008]

Here is a recent article from G&M that could be useful in your case:

http://www.theglobeandmail.com/globe-in ... le2396229/

So tell your girlfriend that you need to do a cohabitation agreement together, if she is not happy about it, she may not be after you, but what you have, then you just leave.

[Archie]

Thanks for the article, interesting info. According to that article a girl has to live with you continuously for 3 years, or you have to have a child together, before she's entitled to any of your assets. I can't find the source now, but I read another similar article once that claimed it was 1 year. Not sure what to believe.

[freedom_2008]

It depends which province you live. The author of the G&M article is probably from ON (or AB). See details below, under Canada section:

http://en.wikipedia.org/wiki/Common-law_marriage#Canada

[Jo Anne]

Thanks for the article, interesting info. According to that article a girl has to live with you continuously for 3 years, or you have to have a child together, before she's entitled to any of your assets. I can't find the source now, but I read another similar article once that claimed it was 1 year. Not sure what to believe.

Unless you have had yourself fixed, you could be in a lot of trouble. Google "oopsing".

[BRIAN5000]

Run, don't walk, for the nearest exit.

This is one of the most important "financial" decision's your going to make.

[newguy]

Google "oopsing".

I lol'ed until I did google it and found out it's a real thing.

newguy

[ig17]

Review this:

viewtopic.php?p=465448#p465448

[ig17]

Unless you have had yourself fixed, you could be in a lot of trouble. Google "oopsing".

This is equally relevant whether they move together or not.

[NormR]

Google "oopsing".

I lol'ed until I did google it and found out it's a real thing.

Ah, but is it sexual assault?

[kcowan]

The other issue is that she will not change her ways during common law, so the liability will last much longer than 1 (or 3) years. If that does not suit you then follow Nemo2's advice.

[Flights of Fancy]

Thanks for the article, interesting info. According to that article a girl has to live with you continuously for 3 years, or you have to have a child together, before she's entitled to any of your assets. I can't find the source now, but I read another similar article once that claimed it was 1 year. Not sure what to believe.

There's a lot of confusion on this point. The wikipedia article linked provides the criteria to be considered common-law *for tax purposes.* This is entirely distinct from a claim to assets based on provincial family law.

[Chuck]

From this page http://www.canadiandivorcelaws.com/common-law-marriage/

Rights and obligations regarding children are the same for both common law marriages are regular marriages. This is because the law looks at things from the point of view of the children, and from their point of view, it doesn’t make much difference whether their parents went through a formal marriage ceremony. So, when a common law marriage ends, child support and child custody are determined in the same way as in a divorce. As well, the law regarding adoption proceedings, dependants relief and surnames is the same for both married and unmarried couples.

Other rights relating to common law marriages differ from those of married couples. If you are in a common law marriage, you do not need to obtain a divorce or take any other legal proceeding to end your relationship.

There is no automatic right to the division of property when a common law marriage ends. Often there is no division of property, and each party takes what is in his or her name. If this is a greatly unfair result, the spouse who was treated unfairly can make a claim for unjust enrichment, but this is a difficult and expensive legal claim to make.

If your name isn’t on the matrimonial home and you are in a common law marriage, you have no right to stay there when your relationship ends, unlike in a regular marriage.

You have to have lived with your spouse long enough to be in a common law marriage (generally two to three years, depending on the province) to obtain spousal support. Married couples get this right automatically upon marriage.

It sounds like you don't have too much to worry about. The details vary by province so be careful. Manitoba seems to give a lot more property rights to common law spouses. That spousal support business sounds potentially worrisome, but I glean that it is not so easy to get for a common law ex. unless there are children involved.

[Pickles]

From this page http://www.canadiandivorcelaws.com/common-law-marriage/

The details vary A LOT from this extremely general overview. I wouldn't advise anyone to rely on the information in this website.

[bekair]

if you don't want to wind up paying ALL her bills - bug out.

bbt

[NormR]

Why does it all seem a little sad?

[Pickles]

Indeed, NormR. It seems obvious to me that, by the choice of where he asked advice from (a financial forum) and the less-than-glowing way he described his girlfriend,, the OP had already made up his mind not to move in with her. No loss for either, imho.

[Insomniac]

When my wife and I decided to get married, we both gave up some things but it was worth it because we really wanted to be together.

I think Archie really wants to dump Betty for Veronica.

[HardWorker]

Indeed, NormR. It seems obvious to me that, by the choice of where he asked advice from (a financial forum) and the less-than-glowing way he described his girlfriend,, the OP had already made up his mind not to move in with her. No loss for either, imho.

I wouldn't be so quick to jump to that conclusion. All he described was their current financial situation. For all we know he's older and working full time, while she's a medical student with massive student loans and barely enough time to work at Tim Horton's. I know it doesn't sound like that's the case, but it could be.

Good financial compatibility is just one part of a healthy relationship, but not the only deciding factor. I've always paid more than my girlfriends, and even wife, but I also made more money. As long as they weren't lazy asses or big spenders mooching off me, I was happy with them contributing proportional to what they earned. Having said all that, Archie if you think your attitudes are very different towards work and money, then sit down and have a very serious talk before you even bother moving together. Like I said, money isn't everything, but its a big part and it won't work out if you guys aren't on similar tracks.

[Bylo Selhi]

Some general advice, whether moving in or getting hitched: Six-step money talk every couple should have and Living As A Couple

[Brix]

[...] Living As A Couple

From an associated consumer advice article at that gummint site: "The average cost of a wedding in Canada in 2007, for example, was between $20,000 and $30,000."

Oh, the humanity! Think of the other uses average newlyweds could put that moolah to. Living together might help a couple avoid collaborating in that waste, at least, roughly comparable to the net worth of the prospective household being considered by the O.P.

[Bylo Selhi]

From an associated consumer advice article at that gummint site: "The average cost of a wedding in Canada in 2007, for example, was between $20,000 and $30,000." ... Think of the other uses average newlyweds could put that moolah to.

Imagine if the $20k to $30k went into a retirement fund and allowed to compound for 40 or 45 years or (perhaps only post housing bubble) the down payment on a house.

[izzy]

From an associated consumer advice article at that gummint site: "The average cost of a wedding in Canada in 2007, for example, was between $20,000 and $30,000." ... Think of the other uses average newlyweds could put that moolah to.

Imagine if the $20k to $30k went into a retirement fund and allowed to compound for 40 or 45 years or (perhaps only post housing bubble) the down payment on a house.

And if you gave up smoking ,walked to work,bought only second hand etc that number could be even higher .Of course it might not be too good for the relationship itself!