Common-Law Separation

Three people in a stock photo, perhaps a married couple sitting in front of a long blonde-haired lawyer or therapist in a counseling session or getting legal advice or such.

You didn’t have to be married to build a life together, and you shouldn’t have to walk away empty-handed. We help common-law partners protect what they’re owed.

The end of a common-law relationship calls for a different legal approach than a marriage. At Drake Law, our family lawyers help common-law partners across London, Sarnia, Kitchener-Waterloo, Hamilton and Toronto work through it. Common-law partners don’t need to “divorce,” but separation still raises serious legal issues, including spousal support, decision-making responsibility, and parenting time.

Property division is where the rules differ most: Ontario law does not give common-law partners the automatic equalization that married spouses receive. Securing your share of assets, including the family home and investments, depends on establishing legal grounds such as “unjust enrichment” or “constructive trust,” which in some cases support a finding of “joint family venture.” Our team digs into the full picture, every financial and non-financial contribution you made, to build a strong case for what you’re owed.

With common-law separation, acting sooner rather than later gives us the most room to protect your share and your support rights. Reach out to us before you lose ground on securing what’s yours.