I am going to have to file for bankruptcy and I don`t want my girl friend to be involved. What is the definition of common law?
common law definition
posted by Questions @
1 Expert Comment:
At November 19, 2009 |
7:13 am
, Bart Goth, Trustee in Bankruptcy Said...
The definition that is usually followed is the one stipulated by Canada Revenue Agency. And it reads as follows:
Common-law partner
A common-law partner 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 12 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.
Note
The term “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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