Legal Rights of Common Law Partners in Property Disputes in Ontario
Introduction
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.
Understanding the Family Law Act and its Application
The Family Law Act (FLA) in Ontario is primarily applicable to legally married spouses who are either separated or going through the process of a divorce. In contrast, common law partners or spouses who have finalized their divorce do not possess a common law or statutory right to occupy the other spouse’s property when the relationship concludes. They also cannot depend on the exclusive possession provisions laid out by the FLA. Yet, there could be a possibility for a common law partner to secure an order excluding the other individual from their shared property, a concept also referred to as “de facto exclusive possession”. The feasibility of this order is contingent on whose name is listed on the deed or lease, and other stipulations mentioned in sections of the FLA, the Children’s Law Reform Act, or common law.
Insight into Section 34 of the Family Law Act
Section 34 of the FLA states that if an application for support is made under s. 33, the court has the authority to order a property transfer to the dependant, be it absolutely, for an entire lifetime, or for a designated number of years. This clause is typically aimed at providing the basic necessities or at preventing the dependant from becoming a financial burden on public resources.
Additionally, Section 34(1)(d) of the FLA grants the court the power to make an interim or final order concerning any matter, which encompasses exclusive possession of the couple's home. Although it's not explicitly clear whether this provision applies to common law partners, there have been several instances where courts have ruled that a support order for a common law partner can incorporate a term for exclusive possession of the shared home.
The Role of Restraining Orders and Injunctions
In situations where a party has reasonable grounds to be fearful for his or her own safety or for the safety of a child under their lawful custody, the court can issue a restraining order under Section 46 of the FLA. This order prevents the respondent from coming within a specified distance of one or more locations, including shared property. Moreover, if a common law partner has an ongoing trust claim, there might be grounds for an injunction that allows him or her to continue living in the home until the conclusion of the trial.
Conclusion
Although the Family Law Act in Ontario does not extend the same rights to common law partners as it does to married spouses, it does provide several legal pathways for common law partners entangled in property disputes. These include the application of the FLA, the provisions under Section 34 of the FLA, and the implementation of restraining orders and injunctions. Given the unique nature of each case, it's highly recommended for individuals to seek legal advice when dealing with these intricate matters.
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