How to divide property if you separate
When a married couple separates, each spouse usually keeps the property they own. But they share any increase in the value of that property that happened during their marriage.
When a common-law couple separates, each partner also keeps the property they own. But they do not share any increase in the value of that property that happened while they were together.
Anything you bought for yourself with your money during the relationship and own in your name usually belongs only to you.
Things that you and your partner bought together during the relationship belong to you both jointly. If you separate, only the things you own jointly are divided or their value is shared.
It’s a good idea to keep receipts of what you buy. Later, if you and your partner do not agree on who owns something that you paid for, you have proof to show it belongs to you.
Unjust enrichment
If you contributed financially or in some other way to your partner’s property, you might be able to claim a share of that property. For example, you might have done unpaid work at home so your partner could do paid work. Or you might have worked without pay in a family business.
A court can look at whether your partner was “unjustly enriched” at your expense. But this can be hard to prove.
If the court gives you a share of your partner’s property, the size of the share may depend on:
- how much you contributed, or
- how much your contribution increased the value of your partner’s property.
Rule for Canada Pension Plan credits
You can divide Canada Pension Plan credits that were earned while you were living with your partner. But only if you lived together for at least one year.
You must apply through Service Canada within 4 years of separating, unless your and your partner agree in writing to remove this time limit. But, you must wait until you have been separated for at least one year, unless your partner died in that first year after you separated.
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