NewsTalk 1010: Millennial Divorce - Featuring Laura Paris, Shulman & Partners

A growing number of couples are buying homes together before marriage, or without marrying at all. On NewsTalk 1010, Laura Paris, Associate Lawyer at Shulman & Partners LLP, discussed what can happen if those relationships end and the home becomes the main point of conflict. The segment explored why these breakups are sometimes called a "millennial divorce" and why the legal outcome often depends on details many couples do not think about at the start. Laura explained how common law status can affect whether a dispute is handled in family court or as a civil claim, and why contracts and clear documentation can reduce uncertainty. Her practical guidance focused on aligning title, contributions, and intentions before problems arise.

“If you are the only person to contribute to the house and you want to keep it at the end of the road, you should not put someone else's name on it. You should get an agreement drafted.”
— Laura Paris, Associate Lawyer at Shulman & Partners LLP

In the interview, Laura explained that family lawyers often help with relationship breakdowns even when the couple was never legally married. These disputes commonly arise in common law relationships, and she noted she is seeing an upward trend of people seeking cohabitation agreements before moving in or buying property together. In her view, more couples are trying to plan ahead so they are not sorting out property issues after a separation.

Laura explained that cohabitation agreements are most common where one partner is contributing more financially or coming into the relationship with more assets. In those situations, an agreement can clarify how contributions will be treated if the relationship ends, including whether the person who paid more will receive that amount back. She also acknowledged that there is often resistance from one partner, usually for emotional reasons. 

A key point Laura emphasized is that not every breakup involving a jointly owned home is automatically a family law matter. She explained that common law status matters for which legal process applies. In her description, to be considered common law, partners generally must have lived together for three years, or have a child together and be living together in a relationship of some permanence. If the couple has not met the threshold, she said the claim may become a civil claim rather than something handled in the family court branch.

When it comes to what happens if a couple splits, Laura said there are no one size fits all rules about leaving or staying in the home. Outcomes depend on facts such as who paid the down payment, how title is held, and who carried ongoing expenses. She explained that if one person paid the down payment, carried the expenses, and is the only person on title, they are generally in a safer position. In that case, the other partner would need to prove why they are entitled to a share of the property.

Laura noted greater risk can arise when title does not reflect the parties’ actual financial contributions. She encouraged people to think in terms of worst case scenario when deciding how to structure ownership. If both partners are contributing equally, she said title should reflect that, often as a 50-50 split. If only one person contributes to the down payment but the intention is still to share value equally, she suggested a cohabitation agreement or side agreement to protect the initial investment while allowing future growth in value to be shared as intended.

She also pointed out that even when only one person is on title, the other partner may make a claim if they can prove contributions. Clear records and agreements can reduce the uncertainty, legal fees, and conflict that often follow.

Listen to the full NewsTalk 1010 segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.