Many couples believe that living together long enough makes them like a married couple in law. In Ontario, for property, that belief is simply wrong.
In Ontario, common-law partners do not have the automatic right to equalize property that married spouses have. No matter how many years you lived together, there is no automatic 50 percent. Each partner generally keeps what is in their own name.
That is not the end of the story. A common-law partner who contributed to property held in the other's name may bring a trust claim, based on unjust enrichment, to recover a share. These claims are powerful but fact-intensive. Spousal support is also available to common-law partners who meet the law's definition, generally after cohabiting for three years, or having a child together.
A cohabitation agreement, or early advice when a relationship ends, is the difference between a clean outcome and losing years of contribution.
Immigration, family, corporate or cross-border. We will tell you honestly what can be done, and what cannot.
Book a Consultation很多伴侣以为,同居够久了,法律上就和已婚夫妻差不多。在安省,就财产而言,这个想法完全是错的。
在安省,同居伴侣并不享有已婚配偶那种“自动均衡财产”的权利。无论你们同居多少年,都没有自动的50%。各方通常保留登记在自己名下的财产。
但故事并未就此结束。对登记在对方名下的财产有过贡献的同居伴侣,可以基于“不当得利(unjust enrichment)”提出“信托主张(trust claim)”,以追回一份份额。这类主张很有力,但高度依赖事实。符合法律定义的同居伴侣,也可获得配偶抚养费,一般是在连续同居三年后、或双方育有子女。
一份同居协议、或关系结束时尽早获得意见,就是“干净了结”与“多年付出付诸东流”之间的区别。