Common Law Property Lawyer in Calgary

An Evolving Area of Law

The treatment of potential rights and obligations arising from common law relationships, more so than ever, is starting to closely resemble those arising from legal marriages. At one time, cohabitating and unmarried couples were immune from discussions surrounding property division and partner support when entering or exiting a relationship. Now, they find themselves facing consequences similar to legally married couples.

That being said, the intricacies and nuances involved with this area of law continue to evolve rapidly. Parties contemplating commencing a cohabitation, or ending one, are well-advised to seek legal counsel prior to doing so.

Kirk Montoute Dawson LLP is a Calgary firm focused on the fair and results-driven resolution of disputes. Whether you are entering into or experiencing the breakdown of a common law relationship, our lawyers can advise you on your rights and obligations with regards to property. We can represent you in the negotiation of a fair settlement with your former partner. Consult with our common law separation lawyers to learn more today.

common law relationship kirk montoute calgary lawyers

Property Division

The length of a relationship, children and the degree of economic integration can all be factors in determining whether the couple will be deemed to have essentially lived their lives as a domestic unit. If so, no different than legally married couples, their accumulation of wealth will likely be deemed divisible between them in some fashion.

Seeking Resolution On Asset Division

Common law spouses may be automatically entitled to an equal share of property upon common law separation. Even if the couple does not meet the definition of common law spouses, there could be a Joint Family Venture claim.

Establishing Joint Family Venture and Contribution

When a court is asked to assess a Joint Family Venture claim, a judge will first need to be convinced there was a contribution that directly or indirectly enriched the other partner and whether the parties' acquisition of property constituted a joint family venture. Factors taken into account include mutual effort, economic integration, actual intent and priority of the family.

Negotiating a Common Law Property Settlement

In many cases, disputes about common law property division do not go before a judge. Common law couples will come to an agreement about entitlement to a portion of assets. At Kirk Montoute Dawson LLP, we are experienced family law negotiators. We are also knowledgeable about the distinct legal rights and obligations of former common law spouses and the laws pertaining to common law separation and dividing property, and we can advise on what is a fair settlement in particular circumstances.

Partner Support

In addition, subject to some of the same factors above, and more, there may be grounds for one of the parties to financially support the other upon the breakdown of the relationship.

Tell Us Your Story

Common Law Separation Lawyers: Serving Calgary and Area

To learn more about common law relationships and about what rights you have from our Calgary family lawyers, schedule a consultation with a member of our team.

To consult with one of our common law lawyers in Calgary, call us toll free at 877-563-5295. In Calgary, call 403-233-9300 or contact us online to book an appointment.

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