Married and common-law are not the same
Married spouses generally have a statutory right to share in family property. **Common-law partners in much of Canada have no automatic property-sharing right at all** and must usually establish a claim - most often through unjust enrichment, showing a contribution that enriched the other partner without compensation.
Some provinces have moved closer together. British Columbia treats long-term common-law spouses similarly to married ones for property purposes; Quebec's de facto spouses have historically had far fewer property rights. The province, not the length of the relationship, is the starting point.
Three provincial models, three different outcomes
**Quebec** applies the **family patrimony** regime to married and civil-union spouses - a defined list of assets including the residence, household furnishings, vehicles used by the family and certain retirement plans - divided equally regardless of who owns them, alongside the matrimonial regime governing other property.
**Ontario** uses **equalisation of net family property**: each spouse calculates net worth at separation minus net worth at marriage, and the one with the greater increase pays half the difference. The matrimonial home receives special treatment - its full value is generally included even if brought into the marriage.
**British Columbia** divides **family property** acquired during the relationship, with property brought in generally excluded but its *growth* during the relationship shared.
Exclusions, and why tracing decides them
Gifts, inheritances, certain damages awards and pre-relationship property may be excluded or treated differently. The claim usually fails not on principle but on **tracing** - proving the excluded property stayed identifiable.
The recurring example: an inheritance deposited into a joint account or used to pay down the family home. In several provinces that changes the treatment entirely, and in Ontario the matrimonial home has its own rules that can defeat an exclusion. Keep inherited funds separate and documented if you intend to claim them.
The assets that need professional valuation
Pensions - both defined benefit and defined contribution - private company shares, stock options, deferred compensation and real property generally need valuation at a specific date. A single valuation assumption can move the outcome more than any legal argument, which is why these are contested first.
For business owners, income for support and the value of the business are separate questions answered by different evidence, and both are usually needed.
Agreement beats litigation, on two conditions
A separation agreement is faster, cheaper and more durable than litigating - but only if it survives challenge. The two conditions are **complete financial disclosure** by both sides and **independent legal advice** for each. Agreements are set aside for the absence of either, sometimes years later.
That protects the person providing disclosure as much as the person receiving it. An agreement built on incomplete disclosure is a liability for whoever benefited from it.
Frequently asked questions
- Do common-law partners split property?
- In much of Canada there is no automatic right - a claim generally has to be established, often through unjust enrichment. British Columbia is a notable exception. The province matters enormously.
- Who keeps the family home?
- For married spouses the matrimonial home often receives special treatment regardless of title, including possession rights. Ontario includes its full value in equalisation even if one spouse brought it into the marriage.
- Is my inheritance excluded?
- Often, if it stayed separate and can be traced. Putting it into a joint account or the family home commonly changes that - and in Ontario the matrimonial home rules can defeat the exclusion outright.
- How are pensions divided?
- They are family property in most provinces and generally need actuarial valuation. Division mechanisms differ - some allow at-source division, others require an offset against other assets.
- Can we just write an agreement ourselves?
- You can, but agreements without full disclosure and independent legal advice are markedly easier to set aside. The saving is usually false economy.
This guide is general information, not legal advice. Laws, costs, and procedures vary by state, province, and your specific situation — speak with a qualified property division lawyer about your circumstances before acting.