Common Law Couple
Can common-law couples have matrimonial houses?
Only married couples have matrimonial houses. The home where common-law spouses live together is often referred to as the family home.
Matrimonial houses are given special treatment under Part 2 of the FLA which deals entirely with the matrimonial home: what it is, how it is treated in the equalization process, and who has a right to possess it.
- Married couples automatically share in the value of the matrimonial house.
- Each married spouse has a right stay in the matrimonial house.
- Either spouse can apply to the court for the exclusive possession of the matrimonial house.
Can the property owner sell the property?
The family home is generally treated as any other asset. It belongs to the person(s) whose name(s) appear on the title.
Whoever owns the house is in charge of its sale. The owner can sell, mortgage, kick people out subject to Residential Tenancies Act.
In other words, the family home for unmarried couples is not restricted.
Under what conditions will a court step in and prevent a common law spouse from being kicked out?
For common-law couples, there is no equal right to possess the family home. The common-law spouse can make a claim that he/she should have an ownership in the property. Even if there is a small chance of winning, the judge will allow them to stay until trial. Judges will only order non-titled to leave if they have made no financial contributions to the house and/or relationship.
Under what conditions does a spouse have a claim to a property even if their name is not on the house?
- Constructive trust – If a common-law partner can demonstrate that they contributed to the property financially or likewise, they may be entitled to a share of its value. You should keep records of your contributions. A constructive trust is a legal and equitable remedy imposed by courts to remedy unjust enrichment
- Cohabitation Agreement– Partners can enter into a legal agreement outlining the division of property and other rights upon separation.