For common-law couples, there is no entitlement to division of property and assets, as there is with married couples. Part 1 of the Family Law Act, which provides for the equal division of financial gains made during a marriage, applies only to married couples.
If you are in a common-law relationship, the property you bring into the relationship, plus any increase in its value, usually continues to belong to you alone. If you and your spouse separate, there is no automatic right to divide it or share its value.
In Ontario, property acquired during a marriage must be split equally when a marriage ends for any reason. This can include your: home. car.
For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
Separation Agreements for Common Law Couples. For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
Common law couples are not legally required to split property acquired when they lived together. Furniture, household items and other property belong to the person who bought them. Common law couples do not have the right to split an increase in value of the property they brought with them to the relationship.
Common law couples do not have statutory property division in Ontario. So no, she does not get half your house or your savings automatically .
Seek Legal Action In some circumstances, you will have to initiate legal action for a decree of separation. For example, you may seek a court judgment if your spouse refuses to separate or undergo mediation. You may also have to go through this if you and your spouse attempted mediation but disagreed.
Separation Agreements for Common Law Couples. For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
Separation Agreements for Common Law Couples. For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.