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Does anyone know anything common law marriage?
Old 07-14-2006, 07:57 PM   #1
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Does anyone know anything common law marriage?

First off I'm Canadian so I know the laws vary greatly between US and Canada...

A few months ago I moved in with my girlfriend. I am 30 and she is 22 and as you can imagine I have much more and make more money than her.

For whatever reason, today she brought up the fact that in a few months we would be common law. I never realized that this was the case and I'm not sure how she would know this at her age.

Now my question is, in the event of a break up would she be entitled to anything? It never occurred to me that this might be the case, but I started thinking about it.....hmmmm

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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 08:01 PM   #2
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Re: Does anyone know anything common law marriage?

Have you found http://www.common-law-separation-canada.com/ yet?
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 08:41 PM   #3
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Re: Does anyone know anything common law marriage?

A few months and she thinks that it is common law already? :Warning bells sound:
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 08:41 PM   #4
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Re: Does anyone know anything common law marriage?

Quote:
whatever reason, today she brought up the fact that in a few months we would be common law
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 09:09 PM   #5
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Re: Does anyone know anything common law marriage?

You should fish or cut bait regarding your relationship right away.* I am a bit older than you and don't think that couples should live together before tying the knot.* There are many reasons for my concern, including that which you must now consider.*

I know I am an old fuddy-duddy, and even my mother told me you don't know a man until you live with him.* However, without a ring and a wedding date co-habing doens't improve your chances of finding the right mate.
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 09:17 PM   #6
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Re: Does anyone know anything common law marriage?

Whether the OP chooses to co-habitat or not is personal choice. However, the OP clearly made a choice without proper research and knowledge -- kind of like driving without knowing rules of the road. He needs to start googling pretty fast, read up on the laws applicable in the province he is living in, and ask a lawyer friend for the facts.
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 09:19 PM   #7
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Re: Does anyone know anything common law marriage?

Try to find someone who makes about the same income and has the same assets. That way when you split up (...heaven forbid) , you can split it right down the middle.
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 09:58 PM   #8
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Re: Does anyone know anything common law marriage?

Quote:
you can split it right down the middle
yeah, like she gets the assets, he gets the liabilities ... or the house: she gets the inside, he gets the outside
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 10:16 PM   #9
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Re: Does anyone know anything common law marriage?

Quote:
Originally Posted by AltaRed
Whether the OP chooses to co-habitat or not is personal choice.
Yup.* Dang that free will - it requires the exercise of judgement.
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 10:27 PM   #10
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Re: Does anyone know anything common law marriage?

Gotta love Google

http://www.acjnet.org/docs/sls/commlaw.pdf

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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 10:35 PM   #11
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Re: Does anyone know anything common law marriage?

Something tells me the following quote made your day:

"Many couples choose to live together without getting married. If you are
living this way (which is often called “common-law”), it is important you
know that no matter how long you live together, the relationship with your
partner NEVER becomes a marriage. Many people think that there is a
certain time period after which you are considered married, but this is
NOT true."


So you get free medical care and free... :. Canada; whatta country, eh?


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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 10:38 PM   #12
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Re: Does anyone know anything common law marriage?

Quote:
Originally Posted by Brat
You should fish or cut bait regarding your relationship right away.* I am a bit older than you and don't think that couples should live together before tying the knot.* There are many reasons for my concern, including that which you must now consider.*

I know I am an old fuddy-duddy, and even my mother told me you don't know a man until you live with him.* However, without a ring and a wedding date co-habing doens't improve your chances of finding the right mate.
Better off living with someone and seeing if you can stand the sight of their face 24/7. Dealing with them throwing underwear around, peeing on the toilet seat or being a pig/neat freak. Best get that out of the way before saying I do
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Re: Does anyone know anything common law marriage?
Old 07-14-2006, 10:41 PM   #13
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Re: Does anyone know anything common law marriage?

In the USA CLM laws vary from state to state - some have it, some don't.

In general, AFIAK you have to actually hold yourself out as married before CLM will apply. You can live together for 150 years, and if you don't tell anyone "hey, we sorta think we're married, but not legally, but kinda" then CLM won't kick in.

YMMV,
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Re: Does anyone know anything common law marriage?
Old 07-15-2006, 12:32 AM   #14
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Re: Does anyone know anything common law marriage?

Here's another little gem from the Canadian common-law lawyer:

"If I'm in a common law relationship, do I need to obtain a divorce?"

No. Your relationship is over when one of you says it's over."

Quote:
Originally Posted by accountingsucks

For whatever reason, today she brought up the fact that in a few months we would be common law. I never realized that this was the case and I'm not sure how she would know this at her age.
I had a woman say the same thing to me years ago and that's when I knew it was time to find a new woman. Don't know about your girlfriend, but my ex's source of info was.....her mother. I'm guessing something similar might be true in your case. Whatever the source, somebody is whispering in her ear and telling her how to set the hook.
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Re: Does anyone know anything common law marriage?
Old 07-15-2006, 11:23 AM   #15
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Re: Does anyone know anything common law marriage?

all of which reminds me of the old saws:
1) they sleep, you weep
2) they stay, you pay
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Re: Does anyone know anything common law marriage?
Old 07-15-2006, 10:00 PM   #16
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Re: Does anyone know anything common law marriage?

Danger Will Robinson!
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Re: Does anyone know anything common law marriage?
Old 07-16-2006, 04:38 AM   #17
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Re: Does anyone know anything common law marriage?

Don't forget to file your taxes as married. CCRA will consider you married after a certain time (1 year, I think).
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Re: Does anyone know anything common law marriage?
Old 07-16-2006, 07:24 AM   #18
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Re: Does anyone know anything common law marriage?

it's a conspiracy!
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Re: Does anyone know anything common law marriage?
Old 07-16-2006, 10:59 AM   #19
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Re: Does anyone know anything common law marriage?

Quote:
Originally Posted by accountingsucks

A few months ago I moved in with my girlfriend.* I am 30 and she is 22 and as you can imagine I have much more and make more money than her.

For whatever reason, today she brought up the fact that in a few months we would be common law.* I never realized that this was the case and I'm not sure how she would know this at her age.

Now my question is, in the event of a break up would she be entitled* to anything? It never occurred to me that this might be the case, but I started thinking about it.....hmmmm

Take it from an old married lady. If this is not the girl for you then move out. You may or may not have to support her financially because you are live in lovers. The web sites posted here by other posters should give you your answers. However at 22 she is at her peak fertility and a pregnancy will make the whole common law issue a moot point.
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Re: Does anyone know anything common law marriage?
Old 07-16-2006, 11:57 AM   #20
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Re: Does anyone know anything common law marriage?

Quote:
Originally Posted by Surreal
Take it from an old married lady.* If this is not the girl for you then move out.* You may or may not have to support her financially because you are live in lovers.* The web sites posted here by other posters should give you your answers.* However at 22 she is at her peak fertility and a pregnancy will* make the whole common law issue a moot point.* *
She said it better than I.* If she gets pregnant you will be tied to her for life, whether or not you are married.* If the both of you do not intend the relationship to be life-long it is time find separate accomodations and get on with your lives.

s/Another old married lady
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