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As common-law relationships increase, lawyers
tell Jessica Mach Jessica Mach they are navigating the varied
provincial rules on property-division rights
Navigating the
common-law
property problem
LEGAL REPORT
FAMILY LAW
AS COUPLES across Canada increas-
ingly choose to build lives together without
plans to marry, some are finding ways to
establish their legal rights and obligations
regarding shared property in case they
separate – even if they live in jurisdictions
that guarantee property-division rights
only to married spouses.
That's according to family law lawyers in
Ontario, which is one of several provinces
that do not require common-law partners to
split property they've accumulated over the
course of their relationship.
Over the last few years, Toronto-based
lawyer Melanie Battaglia has seen an
uptick in couples asking her firm to draw
up contracts outlining their property and
support rights in the event of a separation.
These types of clients are not new: histori-
cally, they have run the gamut from indi-
viduals looking to safeguard generational
wealth to those seeking to clarify their obli-
gations because they have children from
previous relationships. Lately, though, the
Battaglia Law founder says many of her
clients fit another profile altogether.
"Where I've seen the most increase are
younger couples now entering their first
relationship," Battaglia says. "When I say
younger, I'm talking about … late 20s,
early 30s, and they're entering into their
first marriage or serious partnership where
they're moving in together.
"They want domestic contracts to define
their rights and obligations," she says.
Lorne Fine of Toronto-based firm Fine
& Associates says he's also seen increased
demand for domestic agreements among
young couples, including those who are not
married but living in common-law arrange-
ments. In his practice, couples seeking
these agreements typically approach him to
clarify rights regarding a residence one of
them owns.
Common-law partnerships are "more and
more common nowadays," Fine says. "And
it's very difficult for them to go through the
