Renting from my ex

[Emylie90]

My boyfriend and I own a duplex. We are breaking up. If he were to move into the other apartment would we still be considered common law because it’s the “same house” or single because its separate apartments? It will be cheaper and easier to do it this way but without his income I would need benefits like ctb and I don’t know if I would still get them in this situation

[SettlementOrgMod]

Hello There,

Thank you for sharing your situation and question with us. We appreciate your interest in this type of information.

A duplex is comprised of two separate housing units. If you and your ex-boyfriend plan on living in separate units, you may not be considered in cohabitation.

What is cohabitation?
Cohabitation means living together. Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

You may want to speak to a lawyer who knows family law and tax law about your specific arrangement. To find community legal clinics near you, visit Services Near Me.

If you have any additional questions, please feel free to post them here.

We hope this information is helpful.

Settlement.Org Team