What is the equitable doctrine of unjust enrichment for common law partners?
Alberta, Canada
The following excerpt is from Swaren v. Swaren, 2007 ABQB 193 (CanLII):
Courts address the inequity that would result from allowing one common law partner to assume all the benefit of the increase in value of family assets upon separation through the equitable doctrine of unjust enrichment. The application of equitable principles to common law partners follows the fundamental principles established in the jurisprudence relating to unjust enrichment generally: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 at para. 2.
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