Do you have a partner and do you live together? Since when? How is your relationship seen by the different laws in effect? It is important to know your rights and obligations vis-à-vis your life partner.
What is a common law partner? The answer to this question depends on the applicable law. In the Interpretation Act, a common law partner is called a de facto spouse and is defined as follows: “Two persons of opposite sex or the same sex who live together and represent themselves publicly as a couple are de facto spouses ...”. According to this Act, is considered to be a de facto union a couple that has “...been cohabiting for at least one year or from the time they together become the parents of a child”. Other laws often repeat the same definition, however, the period of cohabitation required may vary.
Should, for example, one spouse deceases following a road accident, the surviving common law partner may receive survivor indemnities. However, proof has to be provided that the couple has been living together for at least three years, or, if a child is born of their union, for at least one year. According to the Canadian and Quebec tax laws, a couple is obliged to declare itself common law if they have lived together for a minimum of one year.
Another important issue: should one common law partner decease, all his or her property will be inherited by his or her family and not by the common law partner. If you live with a partner and you are neither married nor joined in a civil union, you need a will to be able to inherit any property from your common law partner.
All this seems complicated? Do not hesitate to contact me to ask your questions !
ATTENTION: The information contained in this capsule is not a legal opinion. It is strongly recommended to obtain counsel that for each specific case.