What's she entitled to and how to calculate the net worth?

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Before my common-law partner and I got together, I had owned a house for 11 years. Is she entitled to half of my property value and pension and how do you calculate the net worth at the time we moved in together?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: A “spouse” is only entitled to a guaranteed “equalization of net family property” if the spouses are LEGALLY MARRIED. The property law is different for non married persons who have lived together in a permanent relationship for a significant period of time, which is termed “common law.” I wish to clearly state that the analysis of your case can only happen once I have been able to ask you multiple questions, as the answers to my questions, in relation to the Judge made common law, will determine my exact answers to the facts of your specific case. That being said, by way of general guidance only, I will say that she is likely NOT entitled to any of your pension and POSSIBLY entitled to some part (but likely not one half) of the home. Feel free to call me at: (877) 668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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