FAQ: Married and common-law and the matrimonial home

In the coming months, Luke’s Place answers Frequently Asked Questions from legal advocates and service providers supporting women who have experienced violence and are involved in the family law court process. This is the first in the series.

Question: What are the differences between married and common-law spouses when it comes to the matrimonial home and other property?

Answer: While married and common-law spouses share many of the same rights and responsibilities, this is not the case when it comes to the division of property upon the breakdown of the relationship. Married spouses have legal rights and responsibilities with respect to dividing property that are not available to common-law spouses.

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