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Ontario has no legislation that deals with the property rights of common law couples. The difference between the net worth of property at the date of separation and its net worth at the date of marriage constitutes the wealth that accumulated during marriage and is called “net family property” (defined in s.4(1) of the regulates the rights of spouses and dependants regarding the division of property for legally married couples, matrimonial home, support, inheritance, prenuptial agreements, separation agreements, and other family law matters.The time limit to make a claim for an equalization payment is six years after the separation or two years after a divorce, whichever is sooner.Sometimes a court will give an extension of time to make a claim.For the rules about dividing property, does it make a difference whether the couple were married or living common law? For most family law issues, it does not matter if you and your spouse were legally married or living common-law.
The matrimonial home is not deemed to be jointly owned.An owner accounts for the full value of the home for property division purposes, but each party has an equal right to reside in the home (see further below).Section 4(2) of the If property is acquired by one spouse from someone outside the marriage by way of a gift or by way of inheritance, for instance, then the value of that particular property is not shared because it is not the product of the contributions made by the couple during the marriage.Once money is put into the family home it must be shared, even if the money came from a gift or an inheritance or other property that the law says you do not have to share with your spouse.Unlike other types of property, you do not get to keep for yourself what the house was worth at the time of your marriage.