Common-Law Separation

Many people believe that after three years of living together they have the same rights as a married couple. In Ontario, that is only partly true.

What is the same. Parenting and child support are decided exactly as they are for married parents. Spousal support may be claimed if you lived together three years, or had a child together in a relationship of some permanence.

What is different. There is no equalization of property. Each of you keeps what is in your own name — the house, the RRSP, the truck. That can produce very unfair results for a partner who contributed for years to property in the other's name.

The remedy. The courts recognize claims for unjust enrichment and constructive trust: if you contributed money or labour to your partner's property and it would be unfair for them to keep the whole benefit, you may be entitled to a share. These are real claims, and I have made them succeed. They also require evidence, so gather what you have.

The home. An unmarried partner has no automatic right to stay in a home owned by the other. This makes early advice important.