How do we divide our property?
If you and your partner are legally married, you have a right to a share in the value of all the property that you and your partner got during the marriage. This is called equalization of net family properties.
Property includes money, assets, cars, RRSPs, pensions, or anything else that can be exchanged for money. Debts like lines of credit, loans, or credit cards are also considered.
Property claims must be made within a certain amount of time. A family lawyer can help you figure out what you should receive and your deadline to make a claim.
Common-law partners do not automatically have a right to share family property. Sometimes a common-law partner can be given some property if they can show that the other person has been unjustly enriched by the relationship.
An example of this is if a common-law partner is not named as an owner of the home but made regular mortgage payments. Another example is if a person worked for free in their partner’s business or did all the child care or housework so that their partner could build their business.
If you lived common-law and you are a registered part-owner of the family home, you do not lose your right to ownership when you leave. Talk to a family lawyer to find out how to protect your interest in the home. See General legal services.
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