Does anyone know anything common law marriage?

accountingsucks

Recycles dryer sheets
Joined
Jan 28, 2006
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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
 
A few months and she thinks that it is common law already? :Warning bells sound:
 
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.
 
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.
 
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.
 
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 ;)
 
AltaRed said:
Whether the OP chooses to co-habitat or not is personal choice.

Yup.  Dang that free will - it requires the exercise of judgement.
 
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?
 
Brat said:
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 :D
 
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,
Michael
 
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."

accountingsucks said:
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.
 
all of which reminds me of the old saws:
1) they sleep, you weep
2) they stay, you pay
 
Don't forget to file your taxes as married. CCRA will consider you married after a certain time (1 year, I think).
 
accountingsucks said:
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.
 
Surreal said:
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
 
Mwsinron said:
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 :D

I have seen couples where it worked out just fine. However, I have also seen couples that were seemingly as happy as they could be while living together unmarried, sometimes for a number of years, but once they got married, everything fell apart.  :-[

It has been suggested that unmarried-living-together folks are (subconsciously) pressured to be on their best behavior. The act of marriage, by making the arrangement more permanent, frees them to do what they want to do, which isn't always what the other party expected...
 
And then there are my parents. Married for 34 years and living apart. They see each other every week or two. They are the happiest they've ever been. (My husband says, don't even think about it).
 
And then there are my parents. Married for 34 years and living apart. They see each other every week or two. They are the happiest they've ever been. (My husband says, don't even think about it).

I think it is easier for young couples to get along, since they are almost always horny. Men and women may be annoying overall to one another, but they are also mutually very deeply gratifying and comforting.

It was my experience at least that a switch gets flipped in a woman around menopause, and after that, she may go days without voluntarily even thinking about sex. (Or at least sharing any of that thinking with me.)

This can make a still eager man feel rejected, and also it sometimes makes love-making a real chore to get her ready for takeoff. No more quickies, that is for sure.  :)

Ha
 
yelnad said:
And then there are my parents. Married for 34 years and living apart. They see each other every week or two. They are the happiest they've ever been. (My husband says, don't even think about it).

Not at all a bad idea. Many couples get to the point where they truly irriatate each other on a 24/7 basis, but do not want to sever the relationship. My view is that it is okay to do what it takes to make it work for you.
 
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