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Common Law Spouses and Property Division in Canada

Written by Kristen Woods

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. 

Province/Territory Property Division
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 Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract
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
Yukon Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract
  Posted in Family Law

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