Common Law Relationships

Common Law Relationships

Common Law Relationships

In common law relationships, two people reside together in a marriage-like relationship but they are not married to each other.

Under most Ontario provincial laws, you are considered common law spouses if:

1. You have been living together for 3 years, or
2. As soon as you have a child together no matter how short a time you have been living other.

Under most federal laws, you are considered common law spouses once you have been living together for one year, whether or not you have a child together.

Some Family Law issues affecting common law couples

1. Child Support:  If you treat your common law spouse’s child as your own member of the family you may be legally obligated to pay child support for the child when you and your spouse separate. This is the case, even if the child has a biological or other parent who is providing him/her with support.
2. Custody or Access:  Decisions relating to custody or access are made by the common law spouses on separation. If they cannot agree, the court makes these decisions based on the child’s best interests.
3. Property Division:  Common law spouses do not have a legal right to claim a share of each other’s property. Only legally married couples automatically share the value of their martial properties when they separate. As a general rule, each common law spouse owns what he/she brings into the relationship. In common law relationship, any property you bring into the relationship, belongs to you.

Anything you acquire with your money during the relationship and hold in your name belongs to you. You should try to keep receipts and other proof of ownership. However, things you and your common law spouse buy together during the relationship belong to you jointly. On separation, these would be divided.

Exceptions to the general rule that each common law spouse owns what he/she brings in the relationship:

i. Where there is a cohabitation agreement.  This agreement can indicate how the parties intend to arrange their finances or other aspects of their lives together or how they want to deal with their debts or assets when they separate; how their properties would be divided and what support would be paid etc.

ii. Where a common law spouse has contributed time, money or work that assists the other spouse to buy, maintain or improve the value of his/her property.

In such a case, the common law spouse who owns the property can compensate the other spouse. If he/she refuses to compensate the other spouse, the other spouse can go to court to prove his/her contribution and the court will decided if he/she should have a share in the property and the amount of compensation. It is the contribution, not the common law relationship that entitles the other spouse to a share in the property.