Property Rights for Common-Law Partners

Abstract:     
Abstract for Berend Hovius, “Property Rights for Common-Law Partners” in Martha Shaffer, ed. Contemporary issues in Family Law: Engaging with the Legacy of James G. McLeod (Toronto: Carswell, 2007).

This article explores the options for dealing with the property rights of unmarried cohabitants. Increasing numbers of Canadians live together outside of marriage. Canada’s federal system has allowed considerable diversity in the determination of the property rights of these “common-law partners” on separation. Most provinces have not extended the coverage of the statutory family property rules to unmarried couples. However, some have. Still others have adopted a system of registered domestic partnerships. A final group have made explicit provision for unmarried couples to contract into the family property rules. The advantages and disadvantages of the various approaches are analyzed.

Number of Pages in PDF File: 56

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