Married spouses are entitled to a division of property, referred to as equalization of net family properties. Common-law couples may be entitled to a division of property under certain circumstances but there is no automatic entitlement to division of property under the law.
Determining whether there are property claims for common-law couples requires an examination of the facts and the circumstances that existed during the parties' relationship.
Calculating an equalization of net family properties or claims by common law couples in many scenarios can be complicated if there are hidden assets, an unexplained depletion of assets or assets that require a formal valuation (i.e. businesses, pensions, investments, stock options, etc.).
The lawyers at Simpson Taseer can explain your rights and obligations as they relate to property division whether you are married or in a common-law relationship.