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Old 06-01-2006, 02:23 PM   #37
Bobblehead
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Quote:
Originally Posted by ken0042
OK, I may have been a little off base. Looks like I was wrong, and it takes 3 years (or a baby) before you are considered common law.
http://www.law-faqs.org/ab/inter03.htm

I was positive I had heard 6 months from somewhere; which to me is just plain silly.
per the CRA - 12 months

Quote:
Common-law partner

This applies to a person who is not your spouse (see above), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:
a) has been living with you in a conjugal relationship for at least 12 continuous months;
b) is the parent of your child by birth or adoption; or
c) has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.
In addition, an individual immediately becomes your common-law partner if you previously lived together in a conjugal relationship for at least twelve continuous months and you have resumed living together in such a relationship. Under proposed changes, this condition will no longer exist. The effect of this proposed change is that a person (other than a person described in b) or c) above) will be your common-law partner only after your current relationship with that person has lasted at least 12 continuous months. This proposed change will apply to 2001 and later years.
Reference to "12 continuous months" in this definition includes any period that you were separated for less than 90 days because of a breakdown in the relationship.
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