Call us at (416) 649-4660

Close Button

We Are Here To Help

Schedule your consultation below.






What is the difference between property division for married vs. common-law couples?

140 views
0
Changed status to publish
0

Married couples who separate must divide their property in accordance with the equalization provisions of the Ontario Family Law Act.  These provisions do not apply to common-law couples, who must divide their property based simply on who brought the asset into the relationship.

For formally-married couples, there are also special rules in the Family Law Act relating to rights in the matrimonial home that they formerly shared.   Again, these do not apply to common-law couples who may have shared a home; instead, ownership of the property upon separation is governed by whoever has registered title to the property.  With that said, in some circumstances courts will recognize the existence of a “constructive trust” for the benefit of the non-titled common-law spouse, where he or she contributed to the home’s maintenance or improvements in a manner that demonstrably increased its value.

Changed status to publish
The materials contained in this website are intended to provide general information and comment only and should not be relied or construed as legal advice or opinion. While we endeavor to keep the information on this web site as up to date, accurate and complete as reasonably possible, we do not warrant the completeness, timeliness or accuracy of anything contained in this web site. The application and impact of laws can vary widely, based on the specific facts involved. For any particular fact situation, we urge you to consult an experienced lawyer with any specific legal questions you may have. Your use of this website doe not constitute or create a lawyer-client relationship. Should you wish to retain our firm, kindly contact our office to set up a meeting with a lawyer.
Free Initial Consultation