Legal advice on common law relationships?

Revenue canada has decided that I live in a common law realtionship, because the man I had children with moved in with me. I was working a minimum wage job and he had no place to live. It made sence at the time for him to move in and look after the children in exchange for free room and board, because with my wages I was unable to pay for childcare expenses. In my eyes we were not common law though because we were not and had not been in any relationship. Common law in my eyes was a couple acting as a married couple would not just someone that was living under the same roof. What can I do if anything to change their minds?Legal advice on common law relationships?
It is a sticky question!


This is considered a federal issue under what I think is section 91 of the Canadian Constitution. This means you should look at the federal website http://laws.justice.gc.ca/en/const/c1867_e.html#executive


specifically section 91 sub 3 which states ';3. The raising of Money by any Mode or System of Taxation.'; So this means your dealing with a federal beast .


The next site to go to is http://www.cra-arc.gc.ca/tax/individuals/topics/income-tax/return/completing/personal-info/marital-e.html


Here it states : 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.


To me the key words are in a conjugal relationship! and the breakdown of the relationship for more than 90 days.


So if your ';ex'; is there for baby sitting duties and nothing more object to the classification that Rev. Can. has dumped you into for convenience.


This may require sworn affidavits which can be done at a lawyer's officeLegal advice on common law relationships?
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Apparently, if he is the children's father, you did have SOME kind of relationship. Common law means the two of you share bonds(children) and now you live in the same house. Move him out again..and don't let him stay there with you EVER.