PROPERTY - MARRIED OR NOT

Rights to equalization of property and possession of the matrimonial home only arise from marriage.  The claims for property set out on this article apply to both married and non-married spouses (i.e. common-law partners). 

 

There is no specific period of cohabitation, nor a requirement to have children to qualify as common-law spouses, for these property claims.  (In theory, these claims may also be available to those in relationships that are not marriage-like.)

 

Ownership & Property Interests
Spouse have the rights of ownership or interests in property in the same way as any individual (whether in a relationship or not).  If a person has title to land or a vehicle, he/she have an owner's interest.  If there is a bank account in his/her name, then he/she own the money.

 

However, proving ownership can be complicated, if the spouses have merging finances.  For example:

• Whose money was used to purchase the couch?

• Was the jewelry bought by one spouse as a gift to the other?

• Joint bank accounts are presumed to be 50:50, but was this the actual contribution?

 

It may be complex to prove value.  For example, how do you show the value of jewelry if you have no access to it to get it valued and you have no documents regarding its value.

 

If you can establish ownership of property, in whole or in part, you may be able to regain control or title to the property or receive compensation for the property.  Depending on the value, this may mean a case in Small Claims Court or in the Superior Court of Justice.  Such claims do not involve the family law. 

 

If you own real estate with another party, you can ask for the property to be "partitioned and sold".  This can only be done in the Superior Court of Justice.

Do You Need a Lawyer?
You may be able to settle disputes about ownership and possession of minor property in Small Claims Court. This is possible without a lawyer. However, if you need to go to the Superior Court of Justice, you should have a lawyer.

Making a trust claim is extremely complicated.  You will need a lawyer!  Outcomes can be hard to predict.  Obtain advice and understand the benefits, costs, and risks, before pursuing trust claims.