Moving in with your significant other is a big step in any relationship. While it can be a time of great excitement, it can equally be a time of great anxiety.  It's natural to feel a range of emotions when considering sharing a living space with your partner, and it's important to approach this decision with care. When considering moving in with your significant other, there are a number of things you should keep in mind.

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Openly discuss your financial situations

When preparing to move in with your significant other, you should be transparent about your financial situation. While it may not be the most romantic topic, being transparent about money is essential for a healthy and successful cohabitation.  It is vital to have a clear understanding of each other's financial situation, including assets and debts, to avoid future conflicts or surprises. Discussing assets and debts can also help you plan for your financial goals as a couple. By being aware of each other's assets, you can make informed decisions on joint investments or purchases. Similarly, understanding each other's debts can help you come up with a plan to pay them off and manage your finances effectively as a team. Moreover, being transparent about your financial situation can help you address potential red flags before they become major issues. It also allows for an open discussion about how to handle finances, such as budgeting, saving, and managing shared expenses.

It is natural to feel a bit vulnerable when discussing money matters; many people tend to avoid talking about money, even with their closest loved ones. But in a committed relationship, it is necessary to have these conversations to ensure a healthy and stable future together.

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Discuss how expenses will be shared during the relationship.

It is also a good idea to outline how household and personal expenses will be shared in this new living arrangement. For instance, will there be one joint bank account where all agreed upon expenses are pooled together and managed collectively, while each individual keeps their own separate accounts for personal expenditures? This can be a beneficial approach, especially if there are varying levels of income or financial responsibilities within the household.

Another aspect to consider is the division of expenses: will they be split evenly amongst everyone, or will certain individuals take on more financial responsibilities depending on their income or specific needs? It is also important to address any potential future expenses that may arise, such as unexpected household repairs or medical emergencies. How will these be handled and shared amongst everyone? Having a plan in place for unforeseen circumstances can alleviate stress and prevent financial strain down the line.

Taking the time to outline and agree upon a shared expense plan can greatly benefit the dynamics and overall success of your new living arrangement. Being clear and in agreement with how expenses will be shared can save a headache down the line.

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Expectations surrounding children

When considering cohabitation, it is crucial to discuss the roles and responsibilities each partner will have towards any existing children. This is not only important for the well-being and development of the children, but also for the overall health and success of the relationship. In today's society, there are various types of families and dynamics. Blended families, where one or both partners bring children from previous relationships into the new union, are becoming increasingly common. In these cases, it is particularly important to have a clear understanding of the roles and responsibilities each partner will have towards the children involved. Financial responsibility is a crucial aspect that should be openly discussed and agreed upon by both parties. This can include child support payments, the splitting of expenses for extracurricular activities, education and medical costs, amongst others.

Furthermore, the involvement and participation of each partner in the children's lives should also be discussed. Will both partners act as co-parents and make major decisions together, or will one partner take on a primary role while the other supports from the sidelines? These are important questions that need to be answered in order to establish clear boundaries and expectations.

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Talk to a lawyer about cohabitation agreements

It is becoming increasingly common for couples to live together before marriage, or sometimes without ever tying the knot. While cohabitation may seem like a natural next step in a committed relationship, it is crucial to be aware of the legal implications and potential risks that may occur. That is why it is highly recommended to seek the guidance of a lawyer when contemplating cohabitation with your significant other. A lawyer can provide you with personalized advice, tailored to your specific circumstances. This ensures that you are fully informed of all the legal matters surrounding a potential cohabitation agreement, allowing you to make an informed decision.

You may be thinking, "But why do I need a cohabitation agreement in the first place?". A cohabitation agreement is a written legal document that outlines the rights and responsibilities of both parties in a cohabiting relationship. This legally binding agreement can cover a wide range of issues, including property ownership, financial support, debt obligations, and even custody arrangements for any children involved. By having a cohabitation agreement in place, you are essentially setting in stone many of the points that would normally be decided through marriage. Furthermore, a cohabitation agreement can serve as a means of protection for both parties in case the relationship comes to an end.

While discussing a cohabitation agreement with your partner may not be the most romantic aspect of a relationship, it is a prudent step to take when considering living together. Seeking the advice of a lawyer can provide you with a comprehensive understanding of the legalities and implications of cohabitation. A cohabitation agreement can bring peace of mind and security, protecting you, your assets, and your children in the event of any unforeseen circumstances.

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Making the decision to move in with your significant other is a major step in any relationship, and it's crucial to approach it with thoughtfulness and consideration. By keeping all of these factors in mind, you can create a strong foundation for a successful and happy cohabitation. So, take a deep breath, communicate openly with your partner, and embrace this exciting new chapter in your relationship.

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A new partnership between the Musqueam, Squamish, and Tsleil-Waututh First Nations (“MST”) and the BC government will see up to 2,600 new housing units built with 40% of it's financing covered by the province.

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The homes that are part of the new Attainable Housing Initiative are built on a 21-acre site located between West 33rd and 37th Avenues in Vancouver called the Heather Lands and will cost buyers the remaining 60% of the market value not covered by the province.

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Potential buyers must meet several conditions, including being Canadian citizens or permanent residents intending to use the home as a principal residence, and having a pre-qualified mortgage with a minimum deposit of 5% of the 60% purchase price.

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The units will be sold under 99-year strata leases from MST and the The 40% financing to be provided by the government is to be repaid at the end of 25 years, or when the owner sells the unit, whichever comes first.

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The BC government has confirmed that this financing model could be expanded to other real estate development projects in the province.

The Federal Government recently granted new powers to Auditors from the Canadian Revenue Agency. Here is an overview of theses new powers:

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1. CRA Auditors may obtain or compel information or documentation that they believe to be relevant in their investigation from anyone, or any company. This even includes people or companies who are not part of the audit.
2. CRA Auditors can require any person to provide information under oath, given that they reasonably believe the individual has information relevant to the audit.

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Given the newly expanded power of CRA Auditors it is highly recommended to speak with a tax lawyer before providing any information or documentation to the CRA.

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Curious to learn more about what these new changes could mean for yourself or your business? Check out the full article here.

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KSW LAWYERS FEATURED IN THE INAUGURAL ISSUE OF THE BEST LAW FIRMS IN CANADA (2025 EDITION)

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KSW Lawyers is thrilled to be recognized as one of The Best Law Firms in Canada across four practice areas

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Surrey, BC, October 31, 2024 – KSW Lawyers, a leading law firm in the Fraser Valley and lower mainland, is pleased to announce that they have been featured in the inaugural issue of The Best Law Firms in Canada.

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“It is an honour for our firm to be recognized in four distinct practice area in first ever edition of The Best Law Firms in Canada” says partner Anthony Urquhart.

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The 2025 edition of The Best Law Firms in Canada marks the inauguration of this prestigious award. Inclusion in the list of The Best Law Firms in Canada is a direct outcome of extensive research, which includes gathering input from nearly 2,200 clients and over 4,600 lawyers, conducting 206 interviews with practice group and firm leaders, and accumulating extensive data through the "Law Firm Survey."

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“The entire KSW team is thrilled to be named as one of The Best Law Firms in Canada” says lawyer and partner Chris Drinovz.

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This award follows the recognition of five KSW Lawyers in the 2025 editions of The Best Lawyers in Canada and The Best Lawyers in Canada: Ones to Watch.

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“We are proud to be part of a firm that is so highly respected by our peers in the legal field,” says partner Travis Brine, “Congratulations to the entire KSW team on achieving this honour!”

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KSW Lawyers was founded in 1973 and primarily serves clients in Surrey and the surrounding areas in matters of business law and real estate transactions. Since that time, however, our firm has grown in size and scope to be in a position to represent individual and corporate clients across a wide variety of practice areas. Today, we maintain office locations in Surrey, South Surrey/White Rock, Abbotsford, Langley and Vancouver, and our lawyers serve clients throughout the Fraser Valley and the Lower Mainland.

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To learn more about KSW Lawyers, how they help their clients, and how they can assist you in your legal matters, call (604) 591-7321 or visit kswlawyers.ca.

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For more information contact:

KSW Lawyers

Email:       [email protected]

Phone:     (604) 591-7321

Website:  kswlawyers.ca

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The Federal Government recently granted new, expanded powers to Auditors from the Canadian Revenue Agency. There are 2 major changes you should be aware of:

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CRA Auditors can obtain or compel information and documents from any person or company

CRA Auditors can compel any person or company to provide documentation or information that the Auditor reasonably believes to be relevant to their audit. This means Auditors can obligate you or your company to hand over information if they think it’s relevant to their audit. This can apply to you even if you are not part of the audit.

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CRA Auditors can obligate or compel any person to provide information under oath

With these new powers, CRA Auditors can obligate any person to provide oral information under oath if the Auditor reasonably believes that person to have information relevant to their audit. This means that a CRA Auditor can legally insist you to provide information that they believe to be relevant under oath, which may later be used against you.

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What does this mean for you or your business?

As a result of these new powers, you are more likely than ever before to be contacted by a CRA. Auditors can and will compel you to provide information and documentation, but that does not mean you should immediately hand everything over.

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In fact, if a CRA Auditor contacts you, the first call you should make is to your tax lawyer. You should make that call sooner, rather than later, even if the audit is not about you or your business, and certainly before responding to the CRA.

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While you may believe you are being helpful by providing all documentation requested, and answering all the CRA’s questions asked, this ‘helpfulness’ may in fact cause you more harm than good. The answers and documentation you provide may create confusion, leading to more questions, or lead the auditor to become more interested in your greater tax situation. Regardless, the Auditor will now be looking at you more closely.

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No one should ever be providing answers to any government body under oath without a lawyer present. As a tax disputes lawyer who deals extensively with the CRA, I help control the narrative and flow of information, ensuring that the CRA’s questions are suitably answered in the language of tax, understandable to the CRA Auditors and Appeals Officers. I also ensure the questions the CRA Auditor is asking are proper, relevant, and within what can correctly be asked of you.

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While your accountant can and usually is a great help, given the expanded powers of the CRA Auditors, we encourage everyone to consult a tax lawyer before speaking with the CRA.  

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It is crucial to document your date of separation in a formal manner. This can be accomplished through email, text, or written notice. Clearly state in the correspondence that the relationship has ended and that as of a specific date, both parties are officially separated. By clearly stating this information, there is no room for misinterpretation, providing a solid foundation for the legal aspects of the separation.

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When going through the separation process there are a number of things I recommend you keep in mind:

1. You can be separated even if you live in the same house

Regardless of your living situation, be aware that marriage or spousal status is not determined only by cohabitation. Just like how a couple can live together before becoming official spouses, or how a married couple can reside in different cities for personal or work reasons, where you live and who you live with does not determine your separation status. It is possible to lead separate lives while sharing the same roof, and it is equally possible to remain spouses (whether married or common law) while living miles apart from each other. Therefore, it is crucial to understand that your physical location and living arrangements do not solely determine your separation status.

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2. The two-year limitation period

As per BC Law, the limitation period for commencing a court action in cases involving property, debt, pension division, and spousal support is two years. For married couple, this time frame begins when a divorce order is granted, which typically occurs after all other issues in the case have been resolved. While this may not be a major concern for married couples, it is crucial for unmarried individuals to note that the 2-year limit starts from the date of separation. Taking prompt action is recommended to avoid forfeiting any rights to property division or spousal support. It is important to note that while there may be certain circumstances that can extend the two-year limitation, it should not be solely relied upon. It is best to seek the advice of a lawyer as soon as possible rather than wait until it is too late.

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3. Gather all your information and documents

Ensure all pertinent information and documentation is gathered at the time of separation. This includes details regarding the value of your property, any investments, outstanding debts, bank accounts, mortgages, lines of credit, and credit cards. It is highly recommended to make photocopies of all relevant documents. This will aid you and your lawyer in maintaining organization and provide a clearer understanding of the assets owned by you and your former spouse. In the province of British Columbia, all assets are divisible, making it crucial to gather this information and documentation as the initial step in reaching a mutually agreeable arrangement.

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If you’re getting separated, it is important to have a clear understanding of the procedures in BC. The information outlined above serves as a general guide to aid in this understanding. The information provided is general and should not be taken as legal advice. It is important to understand that each case is unique and specific to individual circumstances. Therefore, it may be necessary to seek legal advice that is tailored to your specific case. Please consult with a legal professional for personalized advice.

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Surrey, BC, September 29, 2024 – KSW Lawyers, a leading law firm in the Fraser Valley and lower mainland, is pleased to announce that partner Peter McCrank has been recognized as one of Canada’s Top 50 Lawyers.

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“Our firm is thrilled to have Peter receive this prestigious award,” says partner Andrew Zacharias.

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Canada's Top 50 Lawyers showcases the exceptional achievements of the country's foremost legal practitioners in each field of practice. This distinction is awarded to the top 50 lawyers per province, per practice area, serving as a testament to their accomplishment.

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“It is a great honour to be recognized as one of Canada’s Top 50 Lawyers,” says Peter.

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Coming off the heels of his recognition in the 2025 edition of The Best Lawyers in Canada, Peter was granted this award for his extensive work in Real Estate Law. Having begun his legal career with KSW Lawyers in 2000 as an articling student, Peter has been with the firm for nearly 25 years.

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“We are proud to work alongside such an accomplished lawyer in his field,” says partner Travis Brine, “On behalf of the entire KSW Lawyers team, congratulations Peter!”.

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KSW Lawyers was founded in 1973 and primarily serves clients in Surrey and the surrounding areas in matters of business law and real estate transactions. Since that time, however, our firm has grown in size and scope to be in a position to represent individual and corporate clients across a wide variety of practice areas. Today, we maintain office locations in Surrey, South Surrey/White Rock, Abbotsford, Langley and Vancouver, and our lawyers serve clients throughout the Fraser Valley and the Lower Mainland.

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To learn more about KSW Lawyers, how they help their clients, and how they can assist you in your legal matters, call (604) 591-7321 or visit kswlawyers.ca.

For more information contact:

KSW Lawyers
Email:       [email protected]
Phone:     (604) 591-7321
Website:  kswlawyers.ca

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If you’re an entrepreneur with a great idea for a business venture, you’ll eventually need to decide whether or not to incorporate. Sole proprietorships and corporations are two common business structures used by small business owners in Canada. To choose the right business structure, you should understand the financial and legal implications of both.

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Sole Proprietorship

With a sole proprietorship, the individual businessperson and the business itself are legally and financially the same entity. The main benefits are that set-up and registration are generally faster and cheaper than incorporating. The biggest drawbacks are that the individual is fully liable for all debts and legal issues faced by the business, and they pay personal income tax, which is usually at a higher rate than corporate tax.

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Corporation

With a corporation, the business is considered a separate legal person from the owner. The main benefits are limited liability, in that legal and financial responsibilities lie with the corporation and not the individual, and the corporation is usually taxed at a lower rate. It can also be easier to transfer ownership of the business and to raise capital from investors.

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We generally recommend that a business owner incorporate instead of operating as a sole proprietorship.

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In BC, common-law couples are afforded many of the same rights as married couples under the Family Law Act. This includes the potential for spousal support if the relationship ends.

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Spousal support, a form of financial assistance provided by one partner to the other after separation, aims to address financial imbalances that may arise following a breakup.  Depending on the specific circumstances, this support can be either short-term or long-term.

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Common-law partners in BC can apply for spousal support if they’ve lived together in a marriage-like relationship for a continuous period of two years or have a child together.  However, spousal support is not automatically granted – it is contingent on the unique details of the relationship and the needs of the individuals involved.

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Spousal Support Entitlement

Entitlement to spousal support can fall into several categories:

1. Contractual Entitlement: arises if the couple has an agreement that outlines spousal support; courts generally honour this agreement unless it is deemed unfair.
2. Compensatory Entitlement: applies when one partner has made sacrifices during the relationship, such as foregoing career opportunities to support the household or care for children.  If these sacrifices result in economic disadvantage, compensatory support may be awarded.
3. Non-Compensatory or Needs-Based Entitlement: is determined based on financial need; if one partner struggles financially after the separation, they might receive support to help maintain a standard of living similar to what they had during the relationship.

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Courts consider various factors when determining spousal support, including the length of the relationship, the financial circumstances of both partners, their roles during the relationship, the needs of the lower-income partner, and the paying partner’s ability to provide support.  Each case is evaluated individually to achieve fairness.

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If you are in a common-law relationship and have concerns about spousal support, it’s important to understand your rights and entitlements.  Seeking legal advice can provide you with the clarity and guidance needed to navigate this process effectively and ensure your interests ar

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