question regarding Declaration of common law union form

[bakaharshita]

Good day,
My partner and I would be considered common law starting december 2022. We will be signing the IMM 5409 Statutory Declaration form soon. We will be filing our taxes as common law this year and we opened a joint account 2 days ago.

When we get the IMM5409 form notarized, should we do it after we file our taxes (after Feb 20) so we can indicate on the IMM form that we file the taxes together in addition to have a joint account together? In other words, would indicating that we filed taxes together look better? Or does it not matter?

Another question, my partner is the leaseholder of the apartment we live in, and I just live with him and am not on the lease. How would we indicate this on the Statutory form? There is an open that says "Have jointly signed a residential lease, mortgage or purchase agreement relating to a residence in which we both live" -- we don't have any written agreement but I do contribute to the rent every month but not sure how to indicate this? Thanks for the help in advance

 

[scylla]

Good day,
My partner and I would be considered common law starting december 2022. We will be signing the IMM 5409 Statutory Declaration form soon. We will be filing our taxes as common law this year and we opened a joint account 2 days ago.

When we get the IMM5409 form notarized, should we do it after we file our taxes (after Feb 20) so we can indicate on the IMM form that we file the taxes together in addition to have a joint account together? In other words, would indicating that we filed taxes together look better? Or does it not matter?

Another question, my partner is the leaseholder of the apartment we live in, and I just live with him and am not on the lease. How would we indicate this on the Statutory form? There is an open that says "Have jointly signed a residential lease, mortgage or purchase agreement relating to a residence in which we both live" -- we don't have any written agreement but I do contribute to the rent every month but not sure how to indicate this? Thanks for the help in advance

To prove common law, you need evidence that covers the full year you cohabitated. So the joint account is of no help since it was only opened two days ago. You need evidence that dates back a full year.

You need more than the statutory declaration and taxes. What else can you show? Is your landlord willing to provide an affidavit stating that you've been living at the apartment with your partner for the full year? Did you switch your address for school, employment, etc. to your joint address and do you have documents that show this which date back a year?

 

[bakaharshita]

To prove common law, you need evidence that covers the full year you cohabitated. So the joint account is of no help since it was only opened two days ago. You need evidence that dates back a full year.

You need more than the statutory declaration and taxes. What else can you show? Is your landlord willing to provide an affidavit stating that you've been living at the apartment with your partner for the full year? Did you switch your address for school, employment, etc. to your joint address and do you have documents that show this which date back a year?

Sorry, that's not the question. I am wondering if it matters what we indicate on the Stat declaration form. Is it better to declare on the form that we filed taxes together this year, or does it not matter?

 

[scylla]

Sorry, that's not the question. I am wondering if it matters what we indicate on the Stat declaration form. Is it better to declare on the form that we filed taxes together this year, or does it not matter?

I understand. If you sign the form after you file taxes this year, then you would say "yes". If before, then you would say "no". So it depends on when you sign the form.

You would say "no" to the second question since you don't have a joint lease.

 

[scylla]

Sorry, that's not the question. I am wondering if it matters what we indicate on the Stat declaration form. Is it better to declare on the form that we filed taxes together this year, or does it not matter?

Since you don't have a joint lease, probably better to wait until after you've filed the joint taxes to sign the form.

 

[bakaharshita]

Since you don't have a joint lease, probably better to wait until after you've filed the joint taxes to sign the form.

thank you!