Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Common Law Separation

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

My partner and I lived together for 9 years in a house I purchased on my own. My name is the only name on the mortgage and I alone put down the down payment. Once we moved in together we split all bills down the middle. Now that we have split up, what is she entitled to as far as equity in the house. She feels she is entitled to half but is she since her name is not on the mortgage and she was not involved in the purchase? I am willing to give her back what she put in and double it. Is that fair or is she really entitled to half the equity?

Expert Comment:

Notify of
Inline Feedbacks
View all comments
7 years ago


Since you were not married, the Family Law Act does not apply to you in that there is no automatic division of your property. You are considered a common law spouse.

Having said that, your common law spouse may argue that she added value to the property over time and that she should be compensated.

We cannot comment on whether or not your offer is fair. You should consult with a lawyer as there may be other issues in addition to the ownership of the home that need to be addressed.


Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
Would love your thoughts, please comment.x