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In the event that these laws result in an unfair division, then a partner will need to make a claim to the courts citing “unjust enrichment”.

Unjust enrichment: This is when one person unfairly benefits at another’s expense.

is in both names, then the value of that asset is to be equally divided and the couple can decide how to complete this division.

It can be handled by one partner “buying” the other out, or the asset can be sold with the proceeds of sale being equally divided.

For the full details on this very important topic please visit our child custody page.

Since the laws surrounding separation in common law relationship can be vague, and vary depending on the province you reside in and whether the issues being discussed are covered by provincial or federal law, the best way to ensure you are getting the most accurate advice is to retain legal representation.

The following table breaks out the different criteria for each Canadian province: Alberta does not have common law marriage.

Instead they have created a category of relationship known as adult interdependent partner.

The problem is, we are not dating anymore and I cannot pay the child support.

I don’t even work and my parents would probably kill me.

A common law relationship is defined as two people who live together in a committed “marriage-like” relationship.