Welcome to the Tailor Law Podcast, your trusted source for legal insights on family and divorce law in Ontario. I’m your host, and today we’re diving into an essential topic for many couples across the province: Common Law Separations in Ontario. Whether you’re currently in a common law relationship, considering entering one, or navigating the challenges of a separation, this episode is designed to provide clarity and guidance on your rights and obligations.
Let’s begin by understanding what defines a common law relationship in Ontario. Under the Family Law Act, you are considered to be in a common law relationship if you’ve been living together in a conjugal relationship for at least three years, or for any length of time if you share a child by birth or adoption. This distinction is crucial because it determines what rights and responsibilities each partner holds when the relationship ends.
One of the most common misconceptions is that common law relationships offer the same legal rights as marriage. However, this isn’t entirely true. While common law partners may have similar rights concerning child support and spousal support, property division operates very differently. Unlike married couples, common law partners do not have automatic rights to property division upon separation. If a home or asset is solely in one partner’s name, the other partner doesn’t have a legal claim to it unless they can prove a contribution through a trust claim.
Trust claims can be complex. There are two primary types: constructive trust and resulting trust. A constructive trust may be established if one partner contributed to the property through labor or finances, enriching the title-holding partner, and it would be unfair not to recognize this contribution. A resulting trust occurs when one partner contributes directly to the purchase of property but isn’t on the title, suggesting an intention for shared ownership. Successfully proving these claims requires substantial evidence, making legal guidance critical.
Now, let’s discuss support obligations. Common law partners may be entitled to spousal support if they have cohabited for at least three years or have a child together and have been in a relationship of some permanence. Spousal support is not automatic and is determined by various factors, including the length of the relationship, the financial means of both partners, and any sacrifices made during the relationship that impacted a partner’s earning potential. Child support, on the other hand, is a legal right of the child, and both parents must contribute financially, regardless of marital status.
Parenting rights and responsibilities are another key area where common law couples are treated similarly to married couples. Decisions regarding custody, now referred to as decision-making responsibility, and access, known as parenting time, are always determined based on the best interests of the child. Both parents have an equal right to participate in their child’s life, and these rights aren’t affected by whether the parents were married or in a common law relationship.
Separation for common law couples doesn’t require formal legal proceedings like a divorce. However, it is highly recommended to formalize the terms of the separation in a legal separation agreement. This document can outline arrangements for property division, spousal support, child support, and parenting plans. Without this agreement, disputes may arise, leading to costly and time-consuming legal battles.
Limitation periods also play a significant role in common law separations. For property claims involving real estate, a common law partner has 10 years from the date of separation to file a claim. For other types of claims, the limitation period may be shorter. It’s vital to seek legal advice promptly to protect your rights.
At Tailor Law, we understand how emotionally and legally complex common law separations can be. Our team is dedicated to guiding you through every step, ensuring your rights are protected and helping you achieve a fair resolution. If you’re facing a common law separation or need legal advice on your situation, visit TailorLaw.com to schedule a consultation.
Thank you for joining us on this episode of the Tailor Law Podcast. Stay informed, stay empowered, and remember that we’re here to help you navigate the legal landscape with confidence. Until next time, take care.