Common-Law questions.....separating

[angelobb]

Hello I live in BC and have my PR now for about a year. My GF and I are having hard problems with out relationship. She is Canadian and we met in Florida three years ago. She came to Florida with little money and I supported her for such a long time and made everything possible for her as best as I could.

Now I live in Canada and I pay for her tutition and book and other expenses. We have joint bank accounts, however a lot of my money is in my own account and she is arguing that I have to share that money since we are in a common law marriage? We have been fighting a lot and she feels like I will leave one day and she wants a few thousand dollars in the bank for security. I told her that why would this be my responsibilty and she says because I've held her back.

Can someone tell me if this is true? Should I be spending all my money on this girl? Does this common-mean mean what I make is equally hers.

Thanks,

 

[Canuky]

Property issues and common-law relationships The laws about property are complicated. The part of the BC Family Relations Act that says who gets what when a marriage ends doesn't apply to common-law relationships. If you want to be clear about how your property will be divided if your relationship ends, you can make a written agreement that says what both partners have agreed to about property. It's important to get legal advice if you're considering making a written agreement. Depending on your individual circumstances, having a written agreement may create additional unexpected issues later on. Only an experienced family lawyer can help you decide what is best for you.
Property includes everything you own, such as the car, furniture, appliances, home, bank accounts, insurance policies, pension benefits, annuities, RRSPs, stocks and bonds, and investments. It also includes any business that you and your partner each contributed to.
If your common-law relationship ends and you have to make decisions about property, even if you have a written agreement, talk to a lawyer as soon as possible.
There are important time limits. If you need to, you can go to court and ask a judge to order that the property be divided between you as you agreed.
Who gets what? For common-law couples, the division of property comes under what is called the law of trust. It means you may have a right to a part of the property if you contributed to it.
To understand how the law treats property when it comes to common-law partners, here are two fictional examples.

 

[Canuky]

When they retired, Maria and Joe moved in together. Joe, whose wife had died several years before, already owned his condominium. Maria contributed all the furniture.
Together, they bought a new camper van. Maria, an amateur photographer, is buying some expensive new camera equipment with her own money.
If Maria and Joe break up three years from now, who will get what?
•What Maria and Joe each brought into the relationship will remain their own. Joe can keep the condominium. Maria can keep the furniture.
• The things they bought together will be divided or shared. Each will have a right to half the value of the camper van.
• The things that one of them bought and that are in that person's name belong to that person only. Maria will keep the camera equipment.
If they can't agree, they can go to court and ask a judge to decide. They will each have to prove their claim to property, so they should keep receipts and other proof of ownership.

 

[Canuky]

Steve, a doctor, owned a home in Vancouver and a small farm in the Fraser Valley. Almost 20 years ago, he and Bob moved in together and lived as a couple. Bob quit his job. He took care of the home and ran the farm. The home and farm were in Steve's name alone.
When they broke up, Bob argued that he had contributed equally to the relationship through his labour, although Steve had contributed his earnings. Bob went to court to get a judge to decide what he should get.
Bob and Steve contributed different things to the relationship. Bob contributed labour. Steve contributed money. Each one has a right to a share in the assets when the relationship breaks up. How much they each get depends on how much they contributed.

 

[Canuky]

Here are four other important rules about property in a common-law relationship:
1. If your partner has been able to buy a lot of property because of your help, the law says that you may have a right to a share of the property, even though these things don't have your name on them. This situation can occur, for example, if you paid all the rent and food bills so your partner could invest in a business, or if you worked in your partner's business without getting paid for it.
2. If you contributed money to buy something for yourself, even if it's in your partner's name, you can ask the judge for your share. For example, if you gave your partner $50 a month to invest for you, and the investment is in your partner's name, the investment may be yours. You'll have to prove that it was your money if your partner disagrees with what you say.
3.If you have a written agreement, but your partner won't follow what was agreed, you can take the agreement to court and ask a judge to enforce it — to order your partner to follow the agreement. It's a legal contract.
4.If you or your partner is Aboriginal and you live in a home on reserve with your partner, the partner who is the band member has the legal right to possession of the home. The court may say the owner of the home has to give the partner money to compensate for his or her share of the home.

 

[Leon]

Common law rights are fairly strong in Canada. I had a female co-worker who wanted to buy a house. Asking her common-law partner if he wanted to be a part of that, he got that deer-in-the-headlights look so she said ok, she would buy the house on her own. He said that he had no problem paying her rent but it would be her house. However, she was warned by other co-workers that living in a common law relationship with him and him contributing to the house, it would also be his house as well. However, as far as I know, it wasn't an issue, they are still together and have a baby now.

Still, she can not tell you how to spend your money. While you live with this girl, you have to support her but not give her half your money. If you break up, she can try to ask for half your money but if it's money you already had in the bank from before, I don't think she would have much luck with that. Besides, you supported her in Florida and you have been supporting her in Canada. However, if it gets nasty, she could accuse you of having used her to get PR and report you to immigration. Nothing might come of it but she could make your life difficult if she wants to.