How can I ensure that my boyfriend is viewed as a tenant and not a common law partner?

[devdutta58]

Alberta, Canada - I am in the midst of making my first home purchase. As I am in a relationship but not married, I am making the purchase on my own. However, my boyfriend will move with me. I have intentions of making him fill out a tenant's agreement and giving him receipts for his half of the rent to keep it all business. Are there any other steps I should be taking to make it all nice and legal? This is of great importance to me as he is in the midst of bankruptcy due to a failed business and I don't want his mistakes to bite me in the butt.

[sebastiano53]

You show incredible intelligence in your actions here. If you are very concerned about this, it might be worth a few bucks to speak to an attorney..

[eochaidh94]

See an Alberta, Canada, family law attorney--but only if you want good advice.

[jaren12]

It is a good idea to cover yourself, but a "rental" agreement won't stand up as it not being joint property.

Canada Revenue Agency would require you to declare rental income on your income tax returns and pay taxes on it. Further, upon finding out that he is sleeping in the same room as you... they'll treat that as an obvious tax dodge. All provincial rental laws require a rental to have their own space and the right to deny others from entering it -- even if a room. Further, any bankruptcy judge is going to look at someone "renting" a room from their common-law partner they are sleeping with as an obvious attempt to be able to keep money by getting your girl friend declared as a creditor. And of course, the moment he can't pay rent, the courts know full well that you aren't going to through him on the streets. Finally, any creditor is just likely to challenge it in court and keep the property and you tied up for years.

Talk with a lawyer and have them create a "cohabitation agreement". This is like a prenuptial, only it applies to common-law partnerships.