Common law relationships, where partners live together without being legally married, are becoming more common in Canada. While these relationships can closely resemble marriages, the legal rights of common law partners differ significantly from those of married couples, particularly when it comes to property division, spousal support, and other legal matters after separation. Understanding your rights as a common law partner is crucial to ensuring your interests are protected.
At Kavita V. Bhagat Family Law Solutions, our experienced family lawyers are here to guide you through the complexities of common law rights, providing clear advice and representation tailored to your situation.
Key Rights in 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 Common Law Rights Lawyers?
Navigating the legal landscape of common law relationships can be complex, especially when it comes to property rights and financial matters. At Kavita V. Bhagat Family Law Solutions, our team of experienced family lawyers understands the unique challenges that common law partners face, and we are committed to providing personalized legal support to help you protect your rights. We offer clear legal advice and explain your legal rights and obligations as a common law partner, helping you make informed decisions about your future.
Whether you are seeking a fair division of property or spousal support, we work with you to achieve a just resolution. We prioritize the best interests of your children and help you secure fair parenting arrangements and child support. Our lawyers provide legal solutions to protect your financial interests, including drafting wills and other legal documents to safeguard your assets.
Protect Your Common Law Rights
If you are in a common law relationship or are considering separation, understanding your legal rights is crucial to protecting your financial and personal interests. Our skilled family lawyers are here to provide the guidance and representation you need to navigate the complexities of common law rights. If you have questions about your rights as a common law partner, contact us today to schedule a consultation with one of our experienced family lawyers.