Is a common law partner entitled to the property of their common-law partner?
Alberta, Canada
The following excerpt is from Behiels v. McCarthy, 2010 ABQB 281 (CanLII):
Unlike persons divorcing after a marriage, individuals in a common-law relationship are not presumed to have any right to claim their partner’s property. This rule was succinctly stated by Russell J. in Panara v. Di Ascenzo, 2005 ABCA 47 at para. 22, 361 A.R. 382: In a common law relationship there is no presumed entitlement to property sharing. However, remedies are available to unmarried partners who are unfairly disadvantaged upon breakdown of the relationship... Any claim must therefore have a basis in equity.
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