Love and legalities — agreements for modern couples
One of the most emotionally charged issues in family law today would be short-term relationships, both from a support and property division perspective.
More people are purchasing properties and living together prior to marriage than ever before. However, these relationships and clients’ expectations about entitlement from a partner with whom they have been in an intimate relationship and living with are often unrealistic.
There is some very basic information that you should be aware of:
- Under family law legislation in Ontario, you are considered a spouse in the following circumstances:
- You are married;
- You have lived together in a marriage-like relationship for a period of three years; or
- You have lived together in a marriage-like relationship for a period of one year and a child has been born in this relationship.
2. The fact of your cohabitation alone does not entitle you to a claim to property.
Couples who choose to purchase property together with the intention of marrying at a later date should consider how title will betaken to the property and what the parties’ respective contributions to the property will be.
The only way to protect these contributions to a property is through a cohabitation agreement or marriage contract. Under family law legislation, only married spouses are entitled to equalization, which has its own specific calculation. Common-law spouses do not fall into this property division scheme and must demonstrate contribution.
If you are not a titled owner, contributions to expenses such as utility payments, food and cable/internet services will not automatically generate any interest/entitlement to a claim to the property.
In light of the above, partners should consider seeking legal advice before entering into cohabitation or marriage. This will provide clarity on their financial responsibilities, property ownership and support obligations, which in turn will reduce potential future conflicts. Couples should ensure that their interests are properly protected and clearly defined.
This article was originally published by The Hamilton Spectator.
