Common law couples do not have all of the same rights and obligations as married couples under the law relating to property, debts and pensions. When a couple is married, there is a general rule, called a ‘presumption,’ of equal sharing of the property they used as a married couple they divide their property, pensions, assets, and debts, 50/50 when they separate. There is no such presumption for a common law couple when they separate. When couples in a common law relationship decide to split each person keeps what is in his or her name. Joint property is shared equally and sold if necessary to divide the proceeds.. Laws regarding child custody, access and support are the same throughout Canada regardless of whether or not a child’s parents were legally married.
For more information or advice on common law relationships contact Michele Gordon, lawyer in Barrie, Ontario