Property ownership and relationship with partner?

Leveraging, renting vs owning, making an investment or buying a home?
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gbill2004
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Property ownership and relationship with partner?

Post by gbill2004 » 22 Oct 2016 08:34

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Last edited by gbill2004 on 23 Oct 2016 20:39, edited 1 time in total.

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kcowan
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Re: Property ownership and relationship with partner?

Post by kcowan » 22 Oct 2016 10:32

IANAL but here goes anyway. You have already bought and sold one PR (condo) ans are in the process of buying your second one. GF has bought her first PR. If she decides that cohabitation is working out, she must declare your home as her residence. She also then needs to repurpose her home. I believe she has a year to do that and still claim the PR. Then she needs to decide what to do with the proceeds of its sale.

I would do a cohabitation agreement with her and spell out how everything will work. (Like a prenup but without marriage.)
For the fun of it...Keith

gbill2004
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Re: Property ownership and relationship with partner?

Post by gbill2004 » 22 Oct 2016 10:46

In Manitoba, common law means living together for 3 years. Since we both kept our own separate primary residences for the entirety of our relationship I'd assume we are not currently considered "common law"?

Just a Guy
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Re: Property ownership and relationship with partner?

Post by Just a Guy » 22 Oct 2016 11:27

It all depends on how nasty you two are to one another if you break up and probably nothing more. Many married people break up every day and go their separate ways very amicably, others do not. He same happens with unmarried people.

You two could both split, go back to your own stuff, and that would be the end of it...or, one or both of you could try and make something out of it and try to get more. Your home ownership isn't a legally defining description of your relationship, the government could see it as just an attempt to protect your capital gains and thus avoid paying taxes for example. From what you've described, a case could be made that you are common law if one wanted to...not saying it would stick, or win in court, but there is a chance it could. It would depend on who has the better lawyer at the time.

Of course, from what you say, it doesn't even look like there is an issue at this point, but you sound a bit paranoid that "something may happen"...that doesn't bode well for the relationship, nor the situation going forward. I wish you luck.

ockham
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Re: Property ownership and relationship with partner?

Post by ockham » 22 Oct 2016 12:03

gbill2004 wrote:In Manitoba, common law means living together for 3 years. Since we both kept our own separate primary residences for the entirety of our relationship I'd assume we are not currently considered "common law"?
Wrong to assume that. You yourself upthread say "we have not been living together for the last 6-7 months", implying, as I read it, that to your mind you were living together before that.

In Manitoba, there is a long list of factors to be considered in determining whether a couple is or was "living together" for the purposes of property division. Maintaining separate residences is only one of many.

Marital property law varies from province to province. Opinions and experiences from outside Manitoba may be useless (or worse).

If an answer to your question really matters, go see a family law lawyer.

(p.s. I was once upon a time a lawyer in Manitoba. I did not practice family law but had partners who did. For "common law" relationships, there was a lot of litigation around these questions. For property division purposes, when does "staying overnight at my girlfriend's" become "staying overnight at my partner's"??)

gbill2004
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Re: Property ownership and relationship with partner?

Post by gbill2004 » 22 Oct 2016 18:06

Just a Guy wrote: Of course, from what you say, it doesn't even look like there is an issue at this point, but you sound a bit paranoid that "something may happen"...that doesn't bode well for the relationship, nor the situation going forward. I wish you luck.
When we separated 6-7 months ago it was quite civil and amicable. My girlfriend was more than fair and reasonable. I'm the type of person who likes to prepare for the worst case scenario.

gbill2004
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Re: Property ownership and relationship with partner?

Post by gbill2004 » 22 Oct 2016 18:11

ockham wrote:
gbill2004 wrote:In Manitoba, common law means living together for 3 years. Since we both kept our own separate primary residences for the entirety of our relationship I'd assume we are not currently considered "common law"?
Wrong to assume that. You yourself upthread say "we have not been living together for the last 6-7 months", implying, as I read it, that to your mind you were living together before that.

In Manitoba, there is a long list of factors to be considered in determining whether a couple is or was "living together" for the purposes of property division. Maintaining separate residences is only one of many.

Marital property law varies from province to province. Opinions and experiences from outside Manitoba may be useless (or worse).

If an answer to your question really matters, go see a family law lawyer.

(p.s. I was once upon a time a lawyer in Manitoba. I did not practice family law but had partners who did. For "common law" relationships, there was a lot of litigation around these questions. For property division purposes, when does "staying overnight at my girlfriend's" become "staying overnight at my partner's"??)
Yes maybe I wasn't clear. While staying at each others places, we would regularly return to our own place. It was like we were living together though. We have always had our own places though, and could return to our own home when we needed some space.

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