Common Law Relationships/Cohabitations

Equitable Relief Claims and Common-Law Relationships/Cohabitations

The first definition of spouse, applies to property rights upon the breakdown of “marriage.” Unlike married spouses, common-law couples do not have statutory property rights. 

Married couples are presumptively entitled to an equalization of the parties’ net family properties accumulated during the marriage.

Meanwhile, common-law couples are not automatically eligible for this division. Joint owners of a home may request its partition and sale by virtue of the Partition Act. However, if the property is in the name of one partner only, a common-law spouse may have to rely on an equitable relief claim against the other partner to obtain an interest in the property.

Equitable relief includes claims for resulting and constructive trusts (and less often implied trust). In order to receive one of these remedies, an individual must generally demonstrate the following:

• The enrichment of one partner;
• The deprivation of the applicant partner;
• And the absence of juristic reason for the enrichment. 

For example, if one partner paid for renovations in a home belonging to the other partner or mortgage payments were shared between both partners, a property claim could be submitted.

Additionally, common-law couples are not automatically entitled to property rights upon the death of the other spouse. If one partner dies and did not include the surviving common-law partner in their estate plan or will, he/she does not have a right to inherit property.

Claiming an interest in property as a common-law partner can be complicated and it is important to contact a family law lawyer to advise you in making appropriate claims.