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Questions & Answers

common law

Recently separated from a same-sex relationship, my former partner paid rent in my home which is in my name, does she have any recourse? My pension says for common law says it’s considered family property, what does that mean? My former partner paid for nothing other than rent.

— carol m.


Hi, If you are married, the situation is different. If you are common law, then your partner would have to prove it would be unjust to not give her a share of your home and pension. This is not easily achieved. Common law partners do not automatically get half like in marriage. They have to prove to a judge that it would be unjust if they did not get something. Basically, they have to prove they have contributed to the acquisition of the property directly or indirectly. I would have to see the provision of the pension document to discuss its meaning. Book a consultation with one of our lawyers to discuss in more detail. We can help you.

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