Before you think about the rights you or your partner may have acquired throughout your relationship, it is important to first consider whether you are in a common law relationship.
In a common law relationship, you may acquire some trust rights to property upon your common law separation. Depending on your contributions to property owned, your rights or your partners’ rights will vary.
If you are not in a marital relationship and believe that you have made contributions that you should be entitled to, you may be able to recover an interest in or compensation for contributions you have made to property.
A common law relationship is legally a “de facto” relationship. How the term sounds is closely related to its meaning. The term de facto means that the relationship is established based on the unique facts of each case.
A common law relationship is different than a marital relationship as a marriage is a “de jure” relationship, meaning it is established in law. Contrary to a common law relationship, the courts will take a role of equalizing the partners' assets regardless of the contributions made to their property.
Cohabitation involves two people living together in one shared dwelling. To be considered a common law partner, you must be living with your partner continuously for three years. The cohabitation cannot be added up to form three years. Additionally, if there is a separation for circumstances such as work, travel or family obligations, the separation must be temporary and brief.
A common law relationship must be conjugal. To have a conjugal relationship, it must be exclusive to one person with commitment. Additionally, partners in incestuous relationships, in relationships below the minimum age of consent or with a partner who has been detained or incarcerated under the Canadian Criminal Code will not be considered common law partners.
If you are not in a common law relationship, fewer court remedies may be available to you. Generally, if you are not a common law partner or married, each partner will be entitled to what they own. Although, it is important to consider the unique circumstances of your case, such as whether you have a child with the other person or the nature or circumstances of your relationship. There may be options for you outside of the rights acquired by a common law partner.
You may want to try and have a discussion with your partner regarding repayment of any financial and non-financial contributions that you have made towards the property. If your name is on the title of a property, you will have rights to the property regardless of your status as a married or common law partner.
If you think you may be entitled to property or are unsure of your status as a common law partner, you can get legal advice from our specialized lawyers at INB Family Law. To book a consultation, please contact us.