Does a common law spouse have a right to property division?
Video: Does a common law spouse have a right to property division?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
… because there’s a big difference between dating someone for seven years and living with them and sharing a home together. And the law that pertains to you is the Family Law Act. And in the Family Law Act, it defines the word “spouse” in two locations. In one location, it says a “spouse” is someone you are married to. In another location, it says someone you are married to plus someone that you have lived with, or lived together with, they use the word ‘co-habitat with’ for three years or more. And then there is another part of that same second definition that says ’someone that you have a child in common with and that you are in a relationship of some permanence. So if you are living together and you’re only together for a year, a year and a half, but you have a child in common then you’re a spouse. If you do not have a child in common … (click here for more)
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(’First Take Live’ video clips courtesy of Dan Carter Productions. Original Broadcast: 2007) About the author: Steven Benmor practices Family Law in Toronto, Ontario, Canada. Visit Steven Benmor’s online Family Law Resource Center for concise answers to many more frequently asked Family law questions, feature articles on Family law topics, dozens of links to other Family law websites, and more at www.benmor.com. The information on this page is for discussion purposes only. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available. |
