The rules are the same in Ottawa and the rest of Canada

This is one of the biggest myths because common-law definitions vary between providences. For instance a recent ruling in British Columbia states that a couple who has lived together for a minimum of two consecutive years can now enjoy the same rights under law as a married couple would. The difference in Ottawa is it takes a three-year period of continual cohabitation before the couple is considered as a common-law pair. As complicated, as the notion of common-law is there are many myths and misunderstandings about the legal rights of the people involved in these types of relationships.

Other examples are as such, in Alberta, this type of relationship is deemed as an interdependent adult partnership, and becomes common-law after a three-year period, as in here in Ottawa, or if the couple bears a child while living together. Looking at Newfoundland, the time period is two-years, which is the same for Nova Scotia. One difference here is the partners do not hold any rights to any property claims but can claim spousal support.

Manitoba is similar to Ontario, where both stipulate a three-year period or a single year if a child is born. Moreover, if you live in Ottawa or anywhere else within the province of Ontario this next interesting fact applies. According an Ontario Justice, the term common-law is not on the books in Ontario, we can then take this to mean that it is used more in the vernacular.

The one province that does not recognize common-law relationships at all is Quebec. The reason is that the ruling that provinces had the power to determine how common-law couples are treated by law was arrived at in January 2013 by the Canadian Supreme Court. This is why Quebec chooses to continue with no recognition of common-law relationships. As a side note, however, Quebec will allow a sharing of pension plans and contractual obligations when insurance involves beneficiaries, nonetheless, both situations are outside of Quebec law.

Property Division and other Assets in Ottawa

This is a misconception that can have a great impact on couples that decide to part after living together for a length of time. While most provinces recognize common-law relationships, co-ownership of property is not. However, co-ownership of assets will apply if the couple agreed to sign an agreement for cohabitation or a similar document.

According to Justice Harvey Brownstone from Ontario, since there are no real laws that pertain to common-law relationships, co-ownership of assets does no exist. However, if one person has contributed to a dwelling owned by the other party, such as being in charge of maintenance, or investing in the renovation of the dwelling, then this person has a right to claim. This is covered by the ‘constructed trust’ law, which is designed to protect the property rights of individuals, not just in Ottawa but also throughout Ontario. Upon further scrutiny, this law holds its basis in trust as a result of a relationship between two parties. This differs greatly when compared to the principles of marriage. This allows for the protection of property in a common-law scenario.

Also in this same scenario, the decision in B.C. that stipulates that common-law relationships now carry the same consideration as marriage means that there is an equal liability of property, and debts born from the relationship. This means that anything inherited or owned prior to the beginning of the relationship is excluded. Where with Quebec’s stance there are no arguments outside of what is mine is mine. Yet, if contributions have been made to another party’s property claims are allowed regardless of living situations or relationship.

Sustained Lifestyle for a Partner in the event of a breakup in Ottawa

While this is not an automatic consideration upon a parting of marriage or common-law couples it may hold validity if entitlement is proved. What this means in Ottawa is in cases where there are consequences of economic matters at play then it may be awarded. An example might be such as if one partner was a stay-at-home parent being fully supported by their partner. Alternatively, if, no child being in the mix, the partner was supported on a regular basis this type of continued support may apply. In Newfoundland and in Alberta this type of claim will stand as well as in New Brunswick.

Common-law relationship status is not affected where Children are concerned

So far, the discussion has not really touched on this subject to an extent. However, if a child is produced during the cohabitation of a couple within their first year together, they will be recognized as a common-law couple, in Ottawa. In Quebec, where there is the lack of recognition of this type of relationship, the laws, there consider this to be a special situation. For example, if a split between the couple occurs one may claim the partial use of a dwelling when it is owned by the other partner.

Looking for legal advice on your relationship? Consult these Ottawa lawyers:

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