Common Law Spouses and Property Division in Canada
In my last blog, I discussed the length of cohabitation to be considered common law spouses in the Canadian provinces and territories.
In this blog, I will discuss what the implications of being considered a common law spouse has on property division after separation throughout Canada.
The following chart shows the Canadian province or territory and property division after separation for common law spouses.
|Alberta||Unmarried couples are excluded from provisions governing property division|
|British Columbia||Unmarried couples are excluded from provisions governing property division. This may change with new expected legislation|
|Manitoba||Each partner entitled to half the value of property only if acquired during the 3 year period of cohabitation or if registered|
|New Brunswick||Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract|
|Newfoundland||Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract|
|Nova Scotia||Provisions for property division apply if the relationship is registered under the Vital Statistics Act|
|Ontario||Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract|
|Prince Edward Island|
|Quebec||Provisions for property division only apply for civil union couples with cohabitation contracts|
|Saskatchewan||Provisions for property division apply to unmarried couples together for at least 2 years|
|Northwest Territories||Provisions for property division apply|
|Nunavut||Provisions for property division apply|