Comments on: Cohabitation Agreements and Living Together Common Law- What you Need to Know

By: BC Mom

BC Mom — Wed, 08 Feb 2012 19:33:42 +0000

The situation & issue:
My father is recently widowed & looking for companionship in the form of a roommate, friend & caregiver. He had a female friend who was wanting to move into his home to be all of those things to him & help him with his bills in the form of rent. Upon research, I found that basically he could not ever have anyone else in his life (or his home) unless he presented them with a prenup. When I informed him of this, he became even more lonely than he already was

By: young

young — Wed, 01 Feb 2012 05:10:50 +0000

@Flitterfly- Did you clarify with your lawyer whether or not you are entitled to anything? I’m so sorry to hear about that- that is a very sad story. The most important thing is that you are safe now. I think you should be entitled because common law you get the same rights as people who are married UNLESS he and you signed a cohabitation agreement beforehand.

By: young

young — Wed, 01 Feb 2012 05:08:51 +0000

@BC Mom- I’ve totally heard about that as well. Dangerous! You would have to make sure you sneak around pictures of your separate living spaces I guess!

By: BC Mom

BC Mom — Wed, 01 Feb 2012 01:02:22 +0000

One thing you hadn’t mentioned, which was what I was specifically looking for as I stumbled across this story, was the other side of this situation…
A roommate in the TRUE sense of the word COULD apparently CLAIM common-law status in Canada, as rediculous as it sounds! In this case the landlord would have to PROVE that they were co-habitating as opposed to living as a couple.
The only way to stay safe unfortunately is to have a legal cohabitation agreement written up by a lawyer. That SUCKS!

By: Flitterfly

Flitterfly — Tue, 31 Jan 2012 14:58:23 +0000

I’ve been (I almost put married) in a common-law relationship for 8 years, 3 children, and 3 children from my first relationship. My ex owns our family home. I never contributed to the mortgage or to the ‘house’ where repairs or renovations are concerned nor did I pay utilities …. I am a house wife with 6 children, how could I? … I left an abusive relationship. Now I am not entitled to anything. Why do we claim common-law on our taxes, if, unfortunately, the relationship ends and I am not entitled to anything ….. seems to me, house wives in this day and age are still getting screwed!

By: young

young — Thu, 12 Jan 2012 05:20:52 +0000

@Firestarter- Thanks for writing. Well, in BC at least, IF you are living with someone for 6 months and she is PAYING you rent, that could seem like she is paying for your mortgage and contributing to it. If I were you, I would get a cohabitation agreement for sure, especially if she is paying you rent. To the courts (or whoever) that can mean she is contributing to your mortgage, meaning she’ll be entitled to your house.

By: Firestarter

Firestarter — Wed, 11 Jan 2012 17:40:58 +0000

I’m planning to buy my own house in alberta and have my girlfriend who is a student move in with me. If things do lead to a break up is she entitled to anything, and if we Signed papers that she would be paying me rent monthly, would she be considered a roommate? I am looking to cover my ass, as I have done really well for myself and she will in school living on student loans for a fee more years.
Thank you for any advice

By: Tim Charles

Tim Charles — Sat, 16 Jul 2011 13:45:54 +0000

Nice post on cohabitation agreements and rights. Law on cohabitation varies from one state to another in the US. You are right in saying that documentation is very important.

By: Lawrence@CreditDonkey

Lawrence@CreditDonkey — Mon, 25 Apr 2011 06:09:14 +0000

This is really informative, thank you very much for this. Keep it up!

By: young

young — Tue, 04 Jan 2011 00:01:47 +0000

@Brett- Cool, thanks for sharing. Yes, different provinces have different legislation. Hopefully you and your partner don’t ever split, otherwise she’ll be entitled to a lot! I do know that the rules have recently changed for 2011.