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Commentary

CA2.5.1 Spousal rollover

Canada

Canadian legislation recognises two types of relationships:

  1. Ìý

    •ÌýÌýÌýÌý people living in a common law marriage, and

  2. Ìý

    •ÌýÌýÌýÌý people living in the civil law marriages

Both common law and civil law marriages can be either between people of the same sex or opposite sex; it does not make a difference for legal purposes (Marital status – Canada.ca).

When the relationships end, the rights of the people living in common law marriages are often the same.

From a tax perspective, the status of 'divorced' for civil law marriages and 'separated' for common

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