Common Law Separation and Property Division

More and more couples are choosing to live together without getting married. For some, it’s a conscious decision to avoid the legal complexities of divorce. But ironically, common-law couples actually separate at higher rates than those who are married.

And when a common-law relationship ends, sorting out the financial and property issues can be even more complicated than a divorce.

Common Law Separation Is Not Like Divorce

Unlike married couples, there’s no automatic formula for dividing property when a common-law couple separates. There’s no equalization of net family property, no standardized process—just your specific situation.

Whether or not you’re entitled to a share of your partner’s property depends on several factors:

  • How long you lived together
  • Whether you made financial or non-financial contributions (e.g. renovations, childcare, emotional support)
  • Whether you combined incomes or shared bank accounts
  • Your role as a parent
  • Your overall contributions to the relationship

Every case is different. The law doesn’t assume a 50/50 split, your entitlement must be proven.

Don’t Assume. Know Where You Stand.

Common law separation can bring up tough legal questions, and many people are surprised by what the law doesn't cover. If you're unsure what your rights are, you're not alone. We’ve helped hundreds of common law partners sort through their separation, and we can help you too.

Talk to a Lawyer Who Understands Common Law

If you’re going through a separation or considering one, it’s important to get advice based on your unique circumstances, not assumptions or myths.

We’re here to help.

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Barrie, ON L4N 1B1
(705) 727-4242

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Newmarket, ON L3Y 7B8
(289) 319-0634

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Oakville, ON L6K 0H5
(905) 291-6634

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St. Catharines, ON L2R 7E8
(905) 291-5231

© 1993–2026 Galbraith Family Law Professional Corporation · All Rights Reserved

© 1993–2026 Galbraith Family Law Professional Corporation

All Rights Reserved

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