Need advice on common law marriage in B.C.

PerniciousOne · 2013-08-13T04:57:37+00:00

http://www.cbc.ca/news/canada/british-columbia/story/2013/03/18/bc-common-law-property-rules.html

Basically if you live with a person for two years you are considered legally married, and you will suffer all the financial penalties if your relationship fails.

TL:DR Divorce lawyers were not making enough money as people were not getting married anymore. They lobbied for laws to make anyone who lives together essentially married so they would continue to make money screwing over "de-facto" husbands.

sillymod · 2013-08-13T04:08:00+00:00

Talk to a lawyer. They are expensive and excessive, but unfortunately necessary.

zulu127 · 2013-08-13T11:47:17+00:00

You're playing with fire! Reconsider.

2013-08-13T13:26:55+00:00

You're fucked bro.

Don't let her move in.

rightsbot · 2013-08-13T02:56:17+00:00

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sowhatisit · 2013-08-13T03:38:09+00:00

From my reading of the things, it seems assets before (either the relationship or cohabitation) starts are safe.

On the other hand, if you're making mortgage payments and she's not, she's still entitled to that portion of your home if she breaks up after common law status.

I do know you need to go to a lawyer and sign some documents that you're not interested in getting married automatically.

That's the extend of my knowledge.

2013-08-13T13:15:53+00:00

As far as property division goes, you only have to worry about property that increases in value during the cohabitation. If your house is worth $300,000 when she moves in, and $350,000 when she leaves, you only have to split up the $50,000 increase. Things both of you own prior to the cohabitation are exempt.

Also, inheritances and gifts that each of you receive during the cohabitation are exempt. So for example if your parents give you a gift, or if you inherit from one of them $100,000, then that money is not divided after the breakup (with one caveat - if you deposit that money into a joint account it might become impossible to trace, in which case you lose some of the exemption. Keep separate assets separate.)

If you're really worried about her sharing your assets, then hire a lawyer to give you a prenup. You should be able to get one done for about $800. If you simply cannot afford one, then at least talk with her about your concern, and have the two of you sign some sort of agreement.

The best way to draft something like that is to list all the property each of you own at the start of the cohabitation so that there can be no disagreement about it later. Second, you declare certain properties exempt. In your case, she would agree that she has no interest in the house.

Lawyer is better, but a homemade agreement is better than nothing (but be warned, amateur agreements get eviscerated if they are patently unfair, ambiguous, or overlook things)

Celda · 2013-08-14T01:03:26+00:00

BC here, I've read a lot of articles about it. Here are the facts about it:

Commonlaw kicks in after 2 years of living together. So if you stop living together before then, you're fine.

General rule is that it applies to anything that happens during cohabitation.

Any net worth increase during cohabitation will be shared evenly - so let's say your net worth goes up by 100K, while hers stays the same. That means you owe her 50K when you split up. And if you lost money but she gained money, then she'd owe you.

If your property goes up in value during cohabitation - you will owe her half the appreciation value. But if it goes down by 50K, can you force her to pay? Probably not - but this is still unsure AFAIK. The same applies to her property, if any.

Any debts that she incurs during cohabitation, you will have to pay half of it. Debts that she got before moving in, do not apply. So let's say a month after she moves in, she gets a student loan, or a car loan. She can force you to pay half of it. And you can do the same - any debts you get after she moves in, you can force her to pay.

Some things are exempt, like inheritances. You wouldn't need to share that if you broke up.

Alimony is possible if you are commonlaw, though not guaranteed - it depends on the relationship and the whims of the court.

Also, this would only happen if she chooses - so even though she is entitled to get half the appreciation of your house, she would not get it unless she demanded it. If she was a reasonable person and did not ask for it, then you would not be forced to pay. But if she does - then you'll have to pay.

Any other questions, feel free to ask.

Title	Need advice on common law marriage in B.C.
Author	godsthirdleg
Upvotes	2
Comments	13
Date	August 13, 2013 2:55 AM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/1k94bq/need_advice_on_common_law_marriage_in_bc/
Archive Link	https://theredarchive.com/r/MensRights/need-advice-on-common-law-marriage-in-bc.1166526 https://theredarchive.com/post/1166526

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