I understand CRA recognizes common law after 12 months. My question is if they are living in two separate houses and in November they sell both there houses and buy a house together and move in together are they classified as common law at that point? or does the 12 month rule still take place?
Thanks
They would be classed as common-law in Nov 2023, after they have lived together for 12 months. If they share a child together, then they would be common-law immediately.
Here is the CRA link on marital status
I will note that there is a pop up for common-law. Your question is answered there. Though I admit that most people don’t understand the term “conjugal relationship”.
Statistic Canada offers a most boring explanation of the term at Conjugal status of couple family
Looking to the courts, you would have several legal decisions helping you to understand the term conjugal relationship. However, there is at least one recent decision by the Federal Court which determined that a conjugal relationship can exist where there is no sexual relationship. (AP vs Canada (Citizenship and Immigration) 2020 FC 906)