Common law relationships, where two individuals live together in a committed partnership without being legally married, are increasingly common in Canada. While these relationships often resemble marriages in many ways, they have distinct legal implications when it comes to separation, property division, spousal support, and parental rights. Understanding your rights and obligations in a common law relationship is crucial, especially when the partnership ends.
At Kavita V. Bhagat Family Law Solutions, our experienced family lawyers are here to help you navigate the complexities of common law relationships, ensuring your rights are protected.
What is a Common Law Relationship?
In Canada, the legal definition of a common law relationship varies by province, but generally, it applies to couples who have lived together for a certain period — at least three years in Ontario — or have lived together for a shorter time while raising a child together. Common law partners do not automatically have the same legal rights as married couples, particularly when it comes to property division, which can make separation more complicated.
The Key Legal Aspects of Common Law Relationships
In Ontario, common law spouses have certain rights and protections, although these differ from those of married couples. Here are some key points:
Property Rights
- No Automatic Equal Division: Unlike married couples, common law spouses do not have an automatic right to an equal division of property acquired during the relationship. Each partner retains ownership of property in their name.
- Constructive Trusts: A common law spouse may claim a share of property based on contributions to the property, either financial or otherwise, under the principle of constructive trust.
Support Rights
- Spousal Support: Common law spouses may be entitled to spousal support if they have lived together for at least three years, or if they have a child together and have lived together in a relationship of some permanence. The amount and duration of support depend on various factors, including the length of the relationship and the financial needs and means of both parties.
Parental Rights
- Child Custody and Access: Common law spouses have the same rights and responsibilities regarding child custody and access as married couples. The best interests of the child are the primary consideration.
- Child Support: Both parents, regardless of their marital status, are obligated to support their children financially. The amount of child support is determined based on the Federal Child Support Guidelines.
Estate Rights
- Inheritance: Common law spouses do not have the same automatic inheritance rights as married spouses. If a common law partner dies without a will, the surviving partner does not have a right to inherit under Ontario’s intestacy laws. However, they may make a claim for dependent’s relief if they were financially dependent on the deceased.
Other Protections
- Pension Benefits: Common law spouses may be entitled to share in their partner’s pension benefits, depending on the specific pension plan rules.
- Health Benefits: Common law spouses may be eligible for health benefits under their partner’s employer-provided health plan, depending on the plan’s terms.
Legal Agreements
- Cohabitation Agreements: Common law partners can enter into cohabitation agreements to outline their rights and obligations, including property division and spousal support, in the event of a separation.
Why Choose Our Lawyers?
At Kavita V. Bhagat Family Law Solutions, our experienced family lawyers understand the unique legal challenges faced by individuals in common law relationships. We are committed to providing you with clear guidance and effective representation, whether you are entering into a common law relationship or going through a separation. Our tailored legal advice is based on the specifics of your relationship and the laws in your province. We ensure you understand your rights and obligations and help you make informed decisions about your future.
Common law property disputes can be complex, particularly when significant assets are involved. We work with you to protect your financial interests and secure a fair resolution.
Whether you are seeking or challenging a claim for spousal support, we provide skilled representation to ensure a fair outcome that reflects your contributions to the relationship and your financial needs.
Our lawyers are committed to prioritizing the best interests of your children. We help develop fair custody and support arrangements that provide stability and security for your children after separation.
Protect Your Rights in a Common Law Relationship
If you are in a common law relationship or are considering separating from your partner, it is essential to understand your legal rights and obligations. Our experienced family lawyers are here to guide you through the complexities of common law family law matters, ensuring that your rights are protected and your interests are represented. Let us help you achieve a fair and positive outcome.