Many Ontario residents may possess uncertainties about the status of their common-law relationship as well as the extent of their rights should the relationship come to an end. Differing provincial laws throughout Canada may be a source of confusion regarding certain legal aspects of these relationships.
For instance, Ontario couples in common-law relationships may be unclear about how the presence of children affects the legal status of their relationship. Cohabiting parents of a child are treated as common-law partners after they have lived together for at least one year. Other couples are not treated as common-law partners until they have lived together for at least three years.
Some Ontario partners may be unaware of their eligibility for spousal support after the end of their common-law relationship. Judges may order spousal support if one partner demonstrably sacrificed time, money or career development in order to further the other partner’s career or to otherwise enrich that partner.
Regarding property division, any asset owned by each common-law partner remains that individual’s property following the termination of the relationship. Some assets, however, are only under one person’s name even though the owner’s partner had contributed to it, such as when one partner is the owner of the couple’s home but the other partner contributes to the mortgage payments. The partner whose name is not on the title may make a claim to a constructive trust, which means that the person partially owns an asset although his or her name is not on the title.
Child custody, property division and other issues in common-law relationships may be a source of severe conflict and may best be solved in court. Lawyers with extensive experience in these area may be apt to advise people leaving common-law relationships with regard to their eligibility to seek support or constructive trust claims.
Source: CBC News Canada, “4 myths about common-law relationships“, Alexandria Kazia, December 10, 2014