Common Law Property Disputes

More and more couples are choosing to cohabit without being married.  Although the family law property regime does not apply to these people, caselaw has developed to permit property claims by common law couples in some situations.

For example, the Supreme Court of Canada has developed a framework called the “joint family venture” for separating common law couples fighting about property.

Modern Family Law believes the best way to avoid these disputes is to have comprehensive agreements when people start residing together, and Modern Family Law can help craft such an agreement.  However, in the event you are in a common law situation and have separated, it is important that you know your rights and what you might be entitled to.  The lawyers at Modern Family Law can help guide you through this complex area of law if you separate from your common law partner.

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