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Common Law. Living in an intimate relationship with a person you are not married to. You can register your common law partnership (adults living in Manitoba)

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Presentation on theme: "Common Law. Living in an intimate relationship with a person you are not married to. You can register your common law partnership (adults living in Manitoba)"— Presentation transcript:

1 Common Law

2 Living in an intimate relationship with a person you are not married to. You can register your common law partnership (adults living in Manitoba) to Statistic Canada. Once registered, all major property laws immediately apply to the couple in the same way as married couples. You are not required to register, but if you don't then the property law applies after 3 years.

3 If the couple has had a child, or an adopted child, the 3 years is reduced to 1 year. Your entitled to your partner's pension and benefits after 1 year. You can opt of the property law called a Cohabitation Agreement, in writing, if you decide to (like a pre- nuptial).

4 Q: I have been living with a roommate for over three years. Does the new act apply to us? A: That depends on the nature of the relationship. The act only applies to people who are living in a conjugal relationship. There is no single legal test to define this relationship, but many factors would be considered, such as:

5 Whether you live under the same roof What the sleeping arrangements are Whether you have a sexual relationship Whether you maintain an attitude of fidelity to one another Whether you share household chores or perform any personal services for one another Whether you participate in community or neighbourhood activities as a couple Whether you present yourselves as a couple to others

6 You can terminate your common law relationship by registering a dissolution, and only once the couple has lived apart for at least one year. If the relationship was not registered, it can be terminated by passage of time, which is 3 years. Each partner is entitled to half the value of the property acquired by the couple during the time they lived together If one of the partners dies, without a Will, the surviving common-law partner will have a claim to his or her estate.

7 Information effective June 30, 2004 www.gov.mb.ca www.gov.mb.ca


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