Common-law and cohabitation agreement question

Hi. I've been living with my girlfriend for almost a year now. My mom would like to invest some of her money, and give me the ownership of the investments (be it real estate or trust funds); however, she is worried that my girlfriend gets entitlement to half of that investment after the two years of living together, since she might be able to claim it in the event that we get separated. My two questions are: 1. Does my girlfriend get entitlement to my properties after we get classified as common-law, even if I had those properties before (but was living with her)? 2. When is it best to sign a cohabitation agreement?

Asked about 1 year ago in Burnaby, British Columbia
Categories: Contracts  Family Law

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Leena Yousefi

Answer by Leena Yousefi

VerifiedBritish Columbia lawyer

Hello, once the two year period passes and you guys become common law, the date of cohabitation (which is the date she has entitlement to your assets) reverts back to the date you guys started living together. So her entitlement will be to your assets as of the time cohabitation started. It is best that you and her get into a cohabitation agreement (they are the same as marriage agreements pretty much) immediately, specify when the common law relationship will start (some point in the future), that she is not entitled to your mom's investment, etc. 

Read more about common law rights here. 

Posted about 1 year ago

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