common law relationships
Legally married spouses in Ontario are not the only people who have marital rights.
If you have been cohabiting with someone for 3 years or more, or if you have a child with someone in a "relationship of some permanence" you qualify as a 'spouse' for the purposes of child support and spousal support under Part III of the Family Law Act. Under the Common Law, property disputes can arise where two people are sharing a home which is not in both of their names. |
If the home is owned under one partner's name only, contributions made by the other spoustowards the maintenance of the household can be rewarded by the courts. A claim for a "constructive trust" over a portion of the home's value, based upon the principle of unjust enrichment can be made in court. This could result in the sharing of the proceeds of a home sale or a monetary payout by the homeowner. It is sometimes difficult to understand your rights under these legal principles. Consultation with a lawyer can help you understand your rights as an unmarried spouse.
Many people who live together and remain unmarried are not prepared to commit to marriage and accept all the legal consequences of marriage. However, living with someone may have unintended legal consequences. This could result in costly legal battles over real estate, business assets or investment property. To protect your property from these unintended consequences you can draft a cohabitation agreement with the assistance of a lawyer. Email me for more details: [email protected].
Many people who live together and remain unmarried are not prepared to commit to marriage and accept all the legal consequences of marriage. However, living with someone may have unintended legal consequences. This could result in costly legal battles over real estate, business assets or investment property. To protect your property from these unintended consequences you can draft a cohabitation agreement with the assistance of a lawyer. Email me for more details: [email protected].