When a common-law relationship ends in Halifax, dividing property can be more complicated than many couples expect. Married spouses in...
When a common-law relationship ends in Halifax, dividing property can be more complicated than many couples expect. Married spouses in Nova Scotia have an automatic right to an equal share of each other’s property when they separate. Common-law partners generally do not.
Instead, property division depends on factors such as:
Understanding how property division works in a common-law separation can help you protect your financial interests and make informed decisions about your next steps.
Common-law relationships are an increasingly common family arrangement in Nova Scotia. According to Statistics Canada’s 2021 Census, 21.3 percent of couples in Nova Scotia were living common law, up from 19 percent in 2016.
Despite their prevalence, common-law relationships do not automatically carry the same property division rights as marriage under Nova Scotia law. Couples who separate may therefore face important questions about the family home, savings, vehicles, and other assets.
Working with a Halifax family lawyer can be helpful to address these questions.
Generally speaking, common-law partners do not have equal property division rights in Nova Scotia. Nova Scotia’s Matrimonial Property Act establishes rules for dividing matrimonial property between married spouses and registered domestic partners. Those rules do not automatically apply to couples who live together without marrying or registering their relationship as a domestic partnership.
In a typical common-law separation, each partner generally keeps:
Property owned jointly is often dealt with according to the partners’ ownership interests and any applicable agreements.
The family home is usually one of the most significant assets to address when a couple separates. If both partners own the home, they will commonly:
If one partner owns the home, the other partner does not automatically become entitled to half its value simply because they lived there. However, a non-owning partner may have a potential legal claim depending on their contributions and the circumstances of the relationship. For example, a partner might have:
These circumstances may be relevant to a claim for unjust enrichment. A Halifax family lawyer can help you determine whether you or your former spouse have a right to a portion of the home’s equity.
In most cases, property division in a common-law separation extends beyond real estate. Couples may also need to address:
Keeping receipts, account statements, purchase records, and mortgage documents can help clarify who owns an asset and what each partner contributed.
A common-law partner may bring a claim for unjust enrichment if the other partner received a benefit at their expense without a legally sufficient reason to retain it.
For example, one partner might have contributed money or labour to improving a home owned solely by the other partner. The court will examine evidence, the nature of the benefit and contributions, and whether there is a legally recognized reason for the benefit to be retained. A claim does not guarantee an equal division of the property.
A cohabitation agreement can establish how partners intend to handle assets and debts if their relationship ends. It can address property ownership, contributions to the family home, jointly purchased assets, and other financial arrangements.
If a couple is already separating, a separation agreement can set out how they will divide jointly owned property, allocate debts, and resolve other outstanding financial issues. Full financial disclosure and independent legal advice for each partner can help make an agreement clearer and reduce the risk of future disputes.
Property disputes can become complicated when one partner owns the family home, contributions were made over many years, or the couple disagrees about the value and ownership of assets.
At The Riley Divorce and Family Law Firm, we find that many clients in common-law relationships wrongly assume they have the same legal rights as married couples. We can help you understand the rights you do have under Nova Scotia law, assess potential claims, and help you negotiate a practical resolution. If an agreement cannot be reached, we can also explain the options for pursuing a court remedy.
Getting legal advice early can help you make informed decisions before signing an agreement, transferring property, or giving up a potential claim. Schedule a consultation with us today.
No, not automatically. Nova Scotia’s “Matrimonial Property Act” applies to married spouses and to couples who have registered a domestic partnership. Unregistered common-law partners aren’t covered, so there’s no default equal split of assets. Instead, each partner generally keeps what is in their own name, and anyone seeking a share must make a legal claim, usually based on unjust enrichment.
Unjust enrichment is a legal claim that arises when one partner benefits at the other’s expense without a valid reason. To succeed, you must show three things:
Courts consider contributions like money, home renovations, or unpaid childcare and household work. Remedies can include a cash award or a share of property.
Yes. A cohabitation agreement lets partners set out in writing who owns what, how assets and debts are divided, and what happens if they separate. It can be signed before or during the relationship. For the best chance of being upheld, both partners should disclose their finances honestly and get independent legal advice. Partners can also register a domestic partnership to gain statutory property rights.
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