Unless you have signed a cohabitation agreement which specifically outlines the rights of each party, common-law spouses generally have fewer legal rights than married spouses upon break-up of a relationship.

There are two important property rights which married spouses have if they separate which common-law spouses do not have:

• Common-law spouses do not each have an equal right to live in the family home, unless they are both owners.
• Common-law spouses do not have an automatic right to equalize their net family property acquired during their relationship.

This means that, unlike married couples, common-law couples are not required to divide property obtained during the relationship, and do not have to split an increase in value of the property they entered the relationship with.

In most cases, both the family home and other property go to the person who is the owner. Each person usually keeps everything they personally own and nothing more.

There are two equitable remedies, unjust enrichment and constructive trust, that a common-law spouse may use to bring a claim for a share in property owned by the other common-law partner.

Separation Agreements

Although it is not required that common-law spouses divide property on separation, common-law spouses may choose to enter into a domestic contract to outline their wishes. The most common types of domestic contracts are cohabitation agreements (normally signed at the beginning of a relationship), and a separation agreement (normally signed at the end of a relationship).

More Information is available from Ontario ca, or refer to 0140 Common-law rights upon breakup.

Get help

When you are separating, a criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

								
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