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Originally Posted by Bobblehead
If you have been living together 12 continuous months or more then you are common-law (and the only way it is not 'continuous' is if your spend 90 consecutive days living apart). There is no choice involved.
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Can you expand on this Bobb (or anyone, if you have time and expertise)? I have several questions....
First, the definition for being common law status requires a "conjugal relationship," but the definition used by the CRA is unclear, mainly because the word "conjugal" means something like "of or relating to marriage, or the relationship of spouses." My relationship has a lot of similarities to a conjugal relationship, but it is technically NOT one yet...it's missing the whole "marriage" aspect, as well as two spouses. Has this definition ever been questioned in the courts by either the CRA or an individual?
Second, claiming common law status allows certain benefits, but are there any drawbacks? I.e., you say that the status is "automatic," but has there ever been a case where people filed as singles and received a complaint from the CRA? I assume not, as long as they ended up paying more taxes.
Third, I have a question relating to the idea of "accidentally" becoming married by living together. In American states where common law marriage exists (not just common law status), a couple has to hold themselves out (claim) to be married, as well as the whole co-habitation requirement. Thus, it's impossible to accidentally become married just by living together, if that's not your intent. ... In Canada, are there any legal issues that might be encountered by a couple who never intended to be married, but filed their taxes as "common law status" because that's what the Gov told them to do?
To simplify: if we don't want to be married, but the Gov says we have to check the box labelled "living common law" because of an arbitrary 12-month rule, could that be used as later proof that we intended to be married in some legal proceedings? E.g., after a break-up, could an "ex" attempt to get some support out of me because of that status?
Complicated questions, but deserving of answer if anyone has the knowledge.
Edit:
I caught that mention of GST credit thing...that could have some effect if each person was below the threshold, but combined they were above...but no effect if neither one is eligible anyhow.