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Common Law
03/13/2008 - By Gary A. Stern
What does Common Law mean?
Most people believe that Common Law, means living together for 1 year.Common Law, for Spousal Support purposes as defined under the Family Law Act, means either of two persons of the same sex or either a man or a woman who are not married to each other and who have cohabitated, continuously for a period of not less than (3) years, or in a relationship of some permanence if they are the natural or adopted parents of a child.
Common Law for division of property purposes means something entirely different. Firstly, there is no formula for property division as defined under the Family Law Act, as if you were a married spouse. Secondly, there is no Statute that defines your entitlement. As a Common Law spouse, your entitlement for property division is defined under Common Law (cases that have developed over time). In order for you to make a claim against someone’s property as a Common Law spouse, you must show that you contributed money or monies worth to the acquisition, maintenance and upkeep of a particular asset that is not registered in your name. The actual term for this is called constructive, resulting or implied trust and unjust enrichment. There is no time period per say for how long you live together to assert this claim, each case turns on it’s own facts.
