Common-Law Partners And Property Division In Ontario

In Ontario, common-law partners do not have an automatic claim to half of their partner's assets when the relationship ends. However, it is possible for one partner to make a claim against the other's property using an equitable relief claim. There are two types of claims: a constructive trust claim, which may allow a partner who is not on the title but has made significant investments into the household to receive compensation; and an unjust enrichment claim, which allows one partner to contest that through labour, time or money, the other partner's life was enriched. Common-law partners in Ontario also have certain rights to spousal support, depending on income and other factors.

Common-law partners cannot take half of the property in Ontario

If you are joint owners of a house, then you are presumptively entitled to half the proceeds of the sale of the house. However, as a common-law spouse, you are not entitled to property division. What matters is the names on the title.

There are two types of claims that can be made by one partner against the other's property: a constructive trust claim and an unjust enrichment claim. A constructive trust claim may allow the partner who is not on the home or property's title but has made significant investments into the household, property or mortgage to be eligible to receive compensation. An unjust enrichment claim allows one partner to contest that through labour, time or money, the other partner's life was enriched.

Common-law couples do not have to forfeit half of their individual portfolio

Common-law couples in Ontario do not have to forfeit half of their individual portfolio. While common-law partners have certain rights, these differ from province to province. In Ontario, common-law partners are not entitled to property division. The property division provisions in the Family Law Act only apply to married couples.

If you are joint owners of a house, you are entitled to half the proceeds of the sale of the house. However, if you are tenants in common with a specific percentage share, you are not entitled to half the proceeds.

Common-law partners in Ontario can make a claim against their partner's property using an equitable relief claim. There are two types of claims: a constructive trust claim and an unjust enrichment claim. A constructive trust claim may allow a partner who is not on the title of a home or property but has made significant investments into the household, property or mortgage, to receive compensation. An unjust enrichment claim allows one partner to contest that through labour, time or money, the other partner's life was enriched.

Common-law spouses are entitled to seek spousal support

Common-law spouses in Ontario are entitled to seek spousal support. However, they are not entitled to property division. This means that, if you have brought something into the partnership, you will be entitled to that only.

If you are joint owners of a house, you are presumptively entitled to half the proceeds of the sale of the house. However, if you are tenants in common with a specific percentage share, this is not the case.

There are two types of claims that can be made against a partner's property: a constructive trust claim and an unjust enrichment claim. A constructive trust claim may allow a partner who is not on the title of a home or property but has made significant investments into the household, property or mortgage to be eligible to receive compensation. An unjust enrichment claim allows one partner to contest that through labour, time or money, the other partner's life was enriched.

Common-law partners can make a claim against their partner's property using an equitable relief claim

Common-law partners in Ontario do not have an automatic claim to half of their partner's assets once the relationship ends. However, it is possible for one partner to make a claim against the other's property using an equitable relief claim. There are two types of claims: a constructive trust claim and an unjust enrichment claim. A constructive trust claim may allow the partner who is not on the title of the home or property but has made significant investments into the household, property or mortgage to receive compensation. An unjust enrichment claim allows one partner to contest that through labour, time or money, the other partner's life was enriched.

It is important to note that the property division provisions in the Family Law Act only apply to married couples, not common-law partners. Therefore, if you have brought something into the partnership, you will only be entitled to that.

Additionally, as a common-law spouse in Ontario, you are entitled to seek spousal support. To determine spousal support, factors such as income, time in the relationship, and time living together versus dating are considered. It is recommended to speak with a family lawyer to understand your specific rights and options.

Common-law partners can make an unjust enrichment claim

Common-law partners in Ontario cannot take half of their partner's assets when the relationship ends. However, they can make an unjust enrichment claim, which allows them to contest that through labour, time or money, their partner's life was enriched. This type of claim can be made even if the common-law partner is not on the title of the home or property.

To be entitled to half the proceeds of the sale of a house, common-law partners must be joint owners of the house. If they are tenants in common with a specific percentage share, they are not entitled to half.

Common-law partners in Ontario can also seek spousal support, depending on their income and other factors.

Frequently asked questions