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Legal Rights of Common Law Partners in Property Disputes in Ontario
The termination of a common law relationship can be a complex process, particularly when it comes to dealing with property disputes that may arise. In Ontario, the Family Law Act presents several ways to address and resolve these disputes, although it's critical to understand that these laws apply differently to common law partners as compared to legally married spouses. In this detailed review, we will delve into the intricacies of the Family Law Act, examining the specific provisions of Section 34, as well as the role restraining orders and injunctions can play in property disputes between common law partners.
Property Rights of Married and Common-Law Spouses in Ontario
Property rights, especially in the context of marital and common-law relationships, can often be a complex maze of legalities. In Ontario, the statutory scheme for property division between married couples is clearly laid out, while common-law couples often find themselves in a less charted territory. This blog post will delve into the differences in property rights between married and common-law spouses and will explore concepts such as equitable ownership, unjust enrichment, and trust principles.
Cohabitation in Ontario
In Ontario, cohabitation is defined as "to live together in a conjugal relationship, whether within or outside marriage.” This inclusive definition extends to same-sex couples as well. The Family Law Act (FLA) of Ontario provides certain guidelines to ascertain whether a couple is cohabiting. These guidelines encompass both apparent factors like living and sleeping together, and less evident ones such as the sharing of household tasks. The evaluation of cohabitation often hinges on a combination of these factors, making it a complex process that requires a nuanced understanding of the law.