Under Ontario Law, only married couples have proper division on separation. Common law couples do not. For an explanation of what it means to be “common-law” when you separate, see this page, which also has a useful video on it.
However, if you have contributed to the property more than you would have paid for rent to live there, it may be possible for you to make the claim that you own part of the property. It is a complicated claim to make, and you really need a lawyer to do it. This is a principle of “equity”. It applies to any two people who have contributed to an asset, not just common-law couples. For more about this type of claim, see this page. If you can’t make that claim but have suffered financial hardship as a result of the breakdown of the relationship, you may be able to make a claim for spousal support.
These principles, and all the law that applies to common law couples on the breakdown of their relationship, as well as an explanation of family court and the alternatives to court, are all explained in this easy-to-understand best-selling book about Ontario Family Law.
WARNING you may only have two years to make the claim, so don’t wait to see a lawyer.
If you have more questions about being common law, or common-law separations, then you can contact John Schuman by calling 416-446-5847 or using the form below. You can also use that form to comment on this article. If you found this page useful, please share it on your social network using the pages below.
You can get a lot more information about Ontario Family Law issues, including a comprehensive explanation of parenting cases (parenting time and decision making), child support, spousal support, property division, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback. But to understand how the law works precisely in your situation, it is always best to speak to a good Family Law Lawyer.
To comment on this article, or to contact John Schuman, please use the form below.