This is a multi-part message in MIME format. ---------------------- multipart/alternative attachment Hi David, I have a client whose wife has been in a coma for about ten years now with no sign of recovery. No Power of Attorney was ever signed prior to this tragedy, and so my client cannot divorce her, sell the house etc. After all these years a new lady has come into his life and he and the new lady are now living common law, in my client's house (which is still owned jointly with the 1st spouse). My understanding is that because both ladies would technically qualify as "spouses" in CRA's eyes he has to choose one or the other to treat as his "tax" spouse. He has chosen the comatose spouse. Now here's the question. Because the new lady does not, by CRA's definition, have a spouse, (1) will her summer cottage in the Okanagan qualify as her principal residence assuming she "ordinarily inhabits" it etc. and (2) would she qualify for the provincial home owner's property tax grant? Your insight on this would be much appreciated. Thanks ============================================ david ingram replies: I don't think it works in any legal sense because if they are thought of in the community as a couple, the common-law wife will be the one who is considered to be the spouse for the purposes of the Canada Pension Plan for instance Although it could be split. I think that claiming the Okanogan cottage as her principal residence likely has validity though. He cannot marry the lady formally without a divorce from the first wife. I would claim it tax free for both the homeowner's grant and capital gains purposes. Claiming it tax free is likely a valid claim because it is sure not clear cut. I can also see the CRA challenging it all the way to "here". In a similar instance, the common-law wife refused to be a "wife" until hubby died, then she was very quick to apply for the CPP widow's benefits which she is receiving now, thank you. I am putting your question out on the list. Perhaps one of our lawyer readers would like to comment. How about it? any comments? =========================================== Answers to this and other similar questions can be obtained free on Air every Sunday morning. Starting this Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Cartier Partners and I will be hosting an INFOMERCIAL but LIVE talk show called "ITS YOUR MONEY" Those outside of the Lower Mainland will be able to listen on the internet at www.600AM.com ======================= This from ask an income tax immigration planning and bankruptcy expert consultant guru or preparer from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate: multi jurisdictional cross and trans border expatriate gambling refunds for the United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait, Dubai, Saudi Arabia, South Africa, Thailand, Indonesia, Egypt, Antarctica, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American and Canadian and Mexican and any of the 43 states with state tax returns, etc. income tax wizard wizzard guru advisor advisors experts specialist specialists consultants taxmen taxman tax woman planner planning preparer of Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Garland, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico,New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon. Paris, Rome, Sydney, Australia Hilton Pennsylvania, Rhode Island, Rockwall, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec City, New Brunswick, Prince Edward Island, Nova Scotia, Newfoundland, Yukon and Northwest and Nunavit Territories, Mount Vernon, Eumenclaw, Coos Bay and Dallas Houston Rockwall Garland Texas Taxman and Tax Guru and wizzard wizard - ---------------------- multipart/alternative attachment An HTML attachment was scrubbed... URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/061cfbac/attachment.htm ---------------------- multipart/alternative attachment--