bankruptcy and common law status

I am going to have to file for bankruptcy.
I have been living with my girlfriend for the last 17 months. Because we haven`t been living together for 3 years we are tecnically not considered common law, so does her salary get factored into the surplus income equation ?

Posted on Wednesday, December 2, 2009 | Filed under: Bankruptcy
 posted by Questions @ 3:11 pm 1 Comment
1 Expert Comment:

 At December 11, 2009 | 4:03 pm , Bart Goth, Trustee in Bankruptcy Said...

The Bankruptcy and Insolvency Act defines Common Law as:

(i) have been living together in a conjugal relationship for at least 12 continuous months;
(ii) have been living together in a conjugal relationship and
1) a child was born of their union;
2) have, together, adopted a child; or
3) one of them has adopted a child of the other.

As a result you would have to include your common law’s income in when determining whether or not you have a surplus income obligation.

The other alternative is you can refuse to disclose your common law’s income, but the result is you only are able to use 1/2 of the cut off amount from the surplus income calculation and the net result usually costs people more.

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