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  1. #1
    Join Date
    Feb 2005
    Location
    Ontario
    Posts
    1

    Default Common Law in Canada - How does it work when you split up?

    Hi,

    I have been living common-law with my boyfriend for a 20 months. He moved into my apartment, where I was living with my daughter and a roommate at the time. Well the roommate eventually moved, and it has been just he and I, with my daughter for all this time. We've opened a Joint account, bought house insurance, life insurance etc...but yesterday he announced to me that he's moving out as soon as possible. Other than being completely devestated, I have to worry about our next moves, so my question to you is does he have any financial obligations, like to give me a months notice or anything like that or can he just leave?

    Thanks for any advice you might have.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Common Law Marriage in Ontario

    It is my understanding that Ontario does not recognize common law marriage, and thus your cohabitation would not create a marriage.

    Your ex- is legally obligated to continue to pay joint obligations. (e.g., if his name is on the lease, he continues to be obligated to make his share of the rent payment.) However, you must also consider what will happen if he does not pay - that is, if he defaults on those obligations, will there be any real effect on him or will the impact primarily fall on you.

    It is a good idea to figure out what joint obligations you have, and how they will be handled after the break-up.

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