# Common law relationships/marriage



## ashin1 (Mar 22, 2014)

So me and a coworker were discussing how common law marriages in Canada (specifically Alberta) how they works.
He goes to say that the only difference between marriage and common law is a piece of paper and that in the event of a separation the other party could be entitle to half your possessions.

I googled it and to my surprise there are some sites that say its equivalent to marriage and some that say it doesn't hold out like marriage.
lot of mixxed messages on the internet.

Any brahs get into a common law situation and had to deal with any repercussions as far as asset dividing goes in the event of a break up?

I feel like there is something that my coworkers know that I don't, that or im just paranoid.


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## Karen (Jul 24, 2010)

Could the reason that the information you're finding online conflicts be that it's based on the laws of different provinces, ashin1? I ask that because the matter of common-law marriage falls under provincial jurisdiction, and the laws differ quite significantly in the different provinces. While I'm not familiar with the laws in Alberta, it's true that under BC's recent new legislation (the Family Law Act which replaced the old Family Relations Act) there is very little difference between the rights and responsibilities of spouses in legal marriages and those in common-law marriages. Common-law spouses are now entitled to the same 50/50 split of family assets acquired during the time they have been together and that includes any increase in the value of any asset one partner may have owned before the relationship began. So if you owned a house worth $200,000 when you and your common-law partner started living together and, by the time you split up, it was worth $500,000, that $300,000 increase in value would be subject to the 50/50 split with the ex spouse,just the same as though you'd been legally married. I think BC's new law goes further than the laws of most, if not. all, of the other provinces, so try googling "common law marriage Alberta" or whatever province you're interested in to get information specific to a specific province.


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## cashinstinct (Apr 4, 2009)

In Quebec common law partner gets nothing.

Ymmv depending of the province


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## carverman (Nov 8, 2010)

ashin1 said:


> So me and a coworker were discussing how common law marriages in Canada (specifically Alberta) how they works.
> He goes to say that the *only difference between marriage and common law is a piece of paper* and that in the event of a separation the other party could be entitle to half your possessions.
> 
> I googled it and to my surprise there are some sites that say its equivalent to marriage and some that say it doesn't hold out like marriage.
> ...


Well first of all, the marriage certificate is not just a "piece of paper"..it is A LEGAL PIECE OF PAPER which
entitles each marriage partner ALL THE RIGHTS under the law in each province. 

Not sure how it works in Alberta, but in Ontario if you are living together common law for 3 years..it may be possible
that some rights apply to both partners upon separation. The common law spouse does not have claim automatically to 50% of the property as in a traditional marriage....but can sue the other partner with the property and financial assets if there is a huge disproportion of the former spouses assets attained while they were living common law...

this is referred to as UNJUST ENRICHMENT and some courts will try to come up with a fair decision on how much partner A has to pay partner B if they decide to separate after 3 years, but it will not be the same as the equalization in a traditional marriage. 

An example of "unjust enrichment" could be one partner buying a lottery ticket, *winning a large sum and keeping
that money separate, during the co-habitation and the other partner knowing about it.*
Expect to be sued in those situations for some of the winnings. 

Any children from the common law relation WILL BE ENTITLED TO SUPPORT.

Not sure about the former ex partner...but more than likely, if she (or he) has custody of the child(ren) he or she will also be entitled to some support, as he or she must provide a home/housing for the child(ren).
This is especially true if the former spouse has no visbible means of support and does not have the training or
education to find a suitable job to earn a living outside the relationship to support themselves. 

http://www.common-law-separation-canada.com/differences.htm


While each province has some differences in the way the law treats common law relationships, 
they are pretty much the same when it comes to child support, which is universal across Canada as the Supreme Court established guidle lines for that.

here is the link to Alberta...

http://www.common-law-separation-canada.com/alberta.htm


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## Retired Peasant (Apr 22, 2013)

It does vary by province. Another aspect is death of one partner. If they died intestate, the remaining partner does not have the same rights as a married spouse would have.


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## OhGreatGuru (May 24, 2009)

The law has been changing on this, and now varies between provinces. It used to be the general rule that a common law spouse was entitled to child support, but otherwise had no entitlement to property of the other spouse. There was a landmark case a number of years ago (in fact in Alberta) where a common law spouse of many years didn't even get a share of the family home. This caused most provinces to pass legislation giving common spouses some rights to the matrimonial dwelling. Since then, family law keeps moving towards a division of property in some manner. But you need to check the rules in your province. The presence or absence of a cohabitation agreement can change things as well, provided it is not in conflict with the family law of the province,


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## ashin1 (Mar 22, 2014)

Thanks for the responses everyone!
only reason I am curious is because ill be moving in with my girlfriends in the not so distant future and after 3 years of cohabitation we will be considered common law. but say in the case of a break up if my assets(investments) would be safe.
No joint home ownership or nothing. Just splitting the rent and splitting the bills. By rights are my investments protected? Trying to find information online but nothing is black and white.


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## carverman (Nov 8, 2010)

ashin1 said:


> Thanks for the responses everyone!
> only reason I am curious is because ill be moving in with my girlfriends in the not so distant future and after 3 years of cohabitation we will be considered common law. but say in the case of a break up if my assets(investments) would be safe.
> No joint home ownership or nothing. Just splitting the rent and splitting the bills. By rights are my investments protected? Trying to find information online but nothing is black and white.


Coming from a "divorce from hell"..huge legal expenses and a legal battle that enriched my 3 lawyers and my ex's as well...my advice is:

IF you have any substantial assets before cohabitation, NEVER go into a relationship blind..by that I mean, without a LEGAL AGREEMENT done through a lawyer, that will stand up in most cases in court, if the relationship falls apart after 3 years. 

That legal agreement where you both acknowledge division of cohabitation assets AND debts, can save you $$$$$ in the future in legal battles and costs. Divorce and family law lawyers can charge upwards of $300+ an hour + HST (or GST in Alberta), and that can run up a substantial legal bill between the partners to enrich the lawyers involved.

Even if the relationship, is " well lets try this cohabitation thing for a year or two and see if we can get along" , both parties need to have an understanding between them, what they will get (or not get) out of the arrangement.... if things go sour.

A legal agreement will have clauses set down and acknowleged by BOTH PARTIES in the presence of a WITNESS
who also signs the agreement (usually a lawyer..but it could be a Notary Public, who also has legal authorization
to make the document legal and binding), having this document done ahead of time will at least allow the courts to consider who has full rights to the co-habitation house/property, any investments/savings
in one's possession PRIOR to co-habitation, and any other personal issues that need to be addressed BEFORE setting up house together.

As far as child support and/or "spousal" support...that really depends on the family laws within the province you are in and to some degree JUDICIAL PRECEDENT.


> Judicial precedent refers to a process in which decisions in legal cases are used to set a standard for cases thereafter. Lower courts are supposed to be bound by the decisions made in superior courts. Not following the prior standards is not supposed to be an option for a court. There are, however, certain techniques that can allow judges to avoid precedents.


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