Common law cohabitation occurs when two people live together in a conjugal relationship without being legally married. While common law relationships often resemble marriages in many ways, the legal rights and responsibilities of common law partners differ significantly from those of married couples, especially when it comes to property division, spousal support, and other financial matters. Understanding your rights as a common law partner is essential for protecting your interests, both during the relationship and in the event of a separation.
Our family lawyers at Kavita V. Bhagat Family Law Solutions are here to guide you through the complexities of common law cohabitation, helping you navigate your legal rights with confidence.
What is Common Law Cohabitation?
In Canada, the definition of common law cohabitation varies by province, but it generally applies to couples who live together for a set period—typically at least three years—or less if they have a child together. Common law partners do not need to be legally married, and they may live together in a shared household, sharing responsibilities, finances, and often raising children together. However, their legal standing differs from married couples, particularly regarding property rights and other financial entitlements.
Key Legal Considerations in Common Law Cohabitation
Property Division
In most provinces, including Ontario, common law partners do not automatically share property rights as married couples do. This means that property acquired during the relationship remains with the person who owns it, unless both names are on the title or deed. If a common law relationship ends, there is no automatic equal division of property, as there is in marriage. However, common law partners may make claims for a share of property through legal principles like unjust enrichment, if they can prove that their contributions directly benefited the asset in question. Our lawyers can help you understand your property rights and advocate for a fair resolution.
Spousal Support
Common law partners may be entitled to spousal support, similar to married couples, but specific criteria must be met. In most provinces, common law partners must have lived together for at least three years, or for a shorter period if they have a child together, to be eligible for spousal support. Spousal support is designed to provide financial assistance to a partner who may have been economically dependent during the relationship. We can help you understand your rights to spousal support and assist in negotiating or contesting support claims.
Cohabitation Agreements
A cohabitation agreement is a legal document that outlines each partner’s rights and responsibilities during the relationship and in the event of a separation. It can address important issues such as property ownership, financial contributions, and spousal support. Having a cohabitation agreement in place provides clarity and protection for both partners, helping to avoid disputes if the relationship ends. Our team of experienced family lawyers can assist in drafting, reviewing, or enforcing cohabitation agreements that safeguard your interests.
Parental Rights and Child Support
When common law partners have children, the legal responsibilities are the same as for married couples. Both parents are legally obligated to support their children financially, and issues of child custody, parenting time, and child support must be resolved based on the best interests of the child. Our lawyers are skilled in helping common law parents establish fair and supportive custody and parenting arrangements, as well as ensuring that child support calculations are accurate and appropriate.
Pension and Benefit Entitlements
In certain situations, common law partners may be entitled to share in their partner’s pension, health benefits, or other financial entitlements, depending on federal or provincial laws. This includes potential access to Canada Pension Plan (CPP) benefits, employer pensions, and extended health benefits. We can guide you through the process of understanding your rights to these benefits and ensuring they are properly addressed in the event of separation.
Why Choose Our Lawyers?
Our team of family lawyers at Kavita V. Bhagat Family Law Solutions is experienced in handling the unique legal challenges that arise in common law cohabitation. We provide personalized advice and comprehensive legal support to ensure that your rights are protected, whether you are entering into a common law relationship, drafting a cohabitation agreement, or separating from your partner. We provide clear, practical guidance on your legal rights as a common law partner, helping you make informed decisions that protect your interests. We also help draft, review, or enforce cohabitation agreements to ensure that your financial and property rights are clearly defined and protected. Whether you are seeking spousal support or making a property claim, we provide skilled representation to help you achieve a fair outcome. Our lawyers prioritize the well-being of your children, ensuring that child support, custody, and parenting arrangements are fair and supportive.
Protect Your Rights as a Common Law Partner
Common law cohabitation can involve complex legal issues, particularly when it comes to property, finances, and children. Whether you are beginning a common law relationship or facing a separation, it is essential to understand your legal rights and obligations. At Kavita V. Bhagat Family Law Solutions, our experienced family lawyers are here to guide you through every step of the process, ensuring that your rights are protected and your interests are safeguarded. If you have questions about common law cohabitation or need assistance with a cohabitation agreement or separation, contact us today to schedule a consultation.