Do common-law spouses have property rights in Canada?
Common-law spouses do NOT automatically share property the way married spouses do in most provinces. There is no equivalent of the Family Law Act property division for common-law couples (except Manitoba, which treats long-term common-law partners similarly to married spouses). Common-law partners must rely on unjust enrichment claims, resulting trusts, or cohabitation agreements to divide property on separation.
What is an unjust enrichment claim for common-law couples?
An unjust enrichment claim allows one partner to recover the value of contributions (financial and non-financial) that enriched the other partner without compensation. The Supreme Court in Kerr v. Baranow (2011) confirmed that courts should look at the overall economic partnership and grant a remedy proportionate to each partner's contributions to the joint family venture.
Should common-law couples have a cohabitation agreement?
Yes, strongly recommended. A cohabitation agreement (domestic contract) lets partners agree in advance how property, debts, and support will be handled if the relationship ends. Without one, property disputes go to court under the complex and unpredictable unjust enrichment / constructive trust doctrine. Agreements must be in writing, witnessed, and signed voluntarily with financial disclosure.