Common law relationships are becoming more common all over Canada, including Nova Scotia as people delay getting married until they are older or choose not to get married at all. In Nova Scotia, common law relationship is defined as living together in a marriage like relationship. A common law relationship creates many of the same legal obligations as a marriage does but there are some important differences.
If you are the Halifax area and need help understanding your legal rights during a Common Law Separation, visiting a lawyer is an excellent place to start. The law in Nova Scotia can be different that in other parts of the country and especially the United States. Often people end up genuinely mistaken in understanding their rights if their information comes from TV or Google.
Our law firm in Tantallon offers an ‘Family Matter Consult’ where you’ll have an opportunity to talk with a family lawyer and fully explain your situation. The lawyer will give you their opinion on what your options are, including their best guess on possible outcomes and costs followed up with a written summary of what was discussed. It’s a no obligation consult and often clients leave with a homework list of steps they can take on their own without further involvement from the lawyer. The cost is a fixed fee of $500+tax.
One of the most significant differences between common law and a legal marriage is how property is divided if the relationship ends. The Matrimonial Property Act, which creates the default that all assets and debts accrued during the time of the marriage are shared equally applies only to legally married couples. There are some exceptions, but generally if you are married, your house, bank accounts, RRSPS, vehicles, pensions and other real estate will be shared equally.
There is no such presumption for common law couples. The Parenting and Support Act is the legislation that governs the way common law, or unmarried couples split up in Nova Scotia. The basic rule for separating common law partners is that you leave the relationship with whatever you own in your name. Whatever is owned jointly has to be split evenly including the house, joint bank accounts etc. People in common law relationships may not realize this, and it can lead to unfair outcomes if deals are made without both parties consulting a lawyer familiar with the law in Nova Scotia.
It is possible, especially where there was a long-term common law relationship with a lot of financial interdependence, to make a claim to get a share of assets that were not in your name, but it can be a long and legally complicated path to travel.
