What to do next
Establish your status and your province
Married and common-law are treated very differently, and the rules differ sharply between provinces. Quebec's family patrimony regime, Ontario's equalisation of net family property and British Columbia's family property rules produce different outcomes on the same facts.
Exchange complete financial disclosure
Income, assets, debts, pensions, business interests and their values at both the date of relationship and the date of separation. Incomplete or concealed disclosure is the most common reason agreements are later set aside - and the concealing party bears that risk.
Identify what is excluded
Gifts, inheritances, pre-relationship property and certain damages awards may be excluded or treated differently, but tracing them usually requires records. Where an inheritance went into a jointly held home, the analysis changes.
Value the difficult assets properly
Pensions, private company shares, stock options and real property often need professional valuation at a specific date. A single valuation assumption can move the outcome more than any legal argument.
Settle by agreement where you can
A separation agreement with full disclosure and independent legal advice for each person is faster, cheaper and more durable than litigating. Both elements are what make it hold up.
Frequently asked questions
Do common-law partners share property?
In much of Canada, no automatic right exists - a claim generally has to be established, often through unjust enrichment. Some provinces treat long-term common-law partners differently, so the province matters enormously.
Who gets the family home?
The matrimonial home frequently receives special treatment for married spouses regardless of whose name is on title, including rights of possession. Which rules apply depends on your province.
Is my inheritance protected?
Often, if it remained separate and can be traced. Depositing it into a joint account or the family home commonly changes the analysis.
Which court handles this?
The superior court of the province - the Cour superieure in Quebec, the Superior Court of Justice Family Court in Ontario. Property division is exclusive to the superior court, not the provincial court.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.