Common Law Rights

The rights of parties who live together in a marriage like relationship differ from the rights of married people. While most people are aware that by living together they may create rights of entitlement to share in property or to support a spouse, they usually do not know what those rights are, and often make assumptions regarding those rights that are wrong. There are many reasons for this confusion including that common law rights differ from Province to Province and from issue to issue, i.e. what triggers rights to property, date of valuation, child support, spousal support, etc differ. Additionally, some of the statute law in this area has changed in recent years (i.e. spousal support) and some of the laws in this area (i.e. rules regarding the division of common law property) are not found in any legislation.

The Lawyers at Foster LLP will explain to you the rights or obligations that may occur upon the start or end of a common law living arrangement and how you can protect yourself and your rights on the breakdown of a non-marital relationship.