Note that answers given in this section cannot take the place of a Toronto divorce lawyer. For legal advice about your specific situation, you must consult a qualified Ontario divorce lawyer. See our disclaimer.

"Is there a Common Law Act?"

Many people coming to my office for their first time who are living with another person tell me that there is a common-law statute which gives them full rights to property and support after two years. Some people say it kicks in after one year; some people say after two or three years. There is no common-law statute. The right to spousal support in a common-law relationship only arises after three full years of cohabitation or a shorter period of time if it is a relationship which has produced a child. It is not enough for it to be a casual relationship: it would have to be truly common-law, with some type of permanence to the relationship and a child as the result. However, a child is entitled from the minute of its birth to child support from its parents.

There is no entitlement to share property in common-law situations. The Supreme Court of Canada stated in a case called Walsh v. Bona that if you want property rights, you get married.

Judith Holzman is a collaboratively trained family lawyer who has practiced for over 25 years in the Toronto and York Region areas of Ontario, Canada. She has participated in amendments to the Family Law Act (provincial) and the Divorce Act (federal) in the area of religious divorce. She can be reached at (905) 303-1070 or (416) 977-3050. View her Divorce Magazine profile.

Tuesday, February 14
at 8 pm to 8:30 EST
Preparing for Divorce Mediation - 5 Steps of Negotiation Power to get what you want
Learn More

Listen to podcasts of previous TeleSeminars.