Married spouses are entitled to a division of property, referred to as equalization of net family properties. Common-law couples may be entitled to a division of property under certain circumstances but there is no automatic entitlement to an equalization of net family property under the law.
Determining whether there are property claims for common-law couples requires an examination of the facts and the circumstances that existed during the parties’ relationship. Calculating an equalization of net family properties in any scenario can be complicated if there are hidden assets, an unexplained depletion of assets or assets that require a proper valuation (i.e. businesses).
Erin Simpson can explain your rights and entitlements as it relates to property division for married couples or those in a common-law relationship.