Do Common-Law Partners Have Property Rights in Nova Scotia?

If you lived with a partner but never married, you may worry that you walk away with only what has your name on it. Or you may have put years of money and work into a home that is titled to your partner.

This article explains how the picture differs from a divorce, what an unjust enrichment claim means in plain words, and what to gather. It is general information, and the answer for you depends on your facts.

This article covers the law of Nova Scotia.

Why marriage and common-law are treated differently

A divorce is a remedy for married people. The Divorce Act lets a court grant a divorce on the sole ground that the marriage has broken down. If you were never married, there is no divorce and none of the divorce steps apply to you.

The Family Division hears division of matrimonial assets and debts. Whether and how that process applies to an unmarried couple depends on the statute and on your circumstances, so confirm it with a lawyer before assuming you have, or do not have, a share of anything.

What unjust enrichment means in plain words

Unjust enrichment is a legal idea that fills gaps. Whether it fits your situation depends on the facts and on how a court would view them, so it is worth confirming with a lawyer. A partner who paid for renovations, covered the mortgage, or gave up paid work to maintain the household might raise it.

Good records are a sensible practical step whichever route you end up taking. The remedy, if any, depends on the facts, and a lawyer or the court decides how it works in your case.

Evidence that tends to matter

• Records showing who paid for the home: mortgage statements, down payment records, property tax and utility bills.
• Receipts and bank records for renovations or major purchases.
• Documents showing who held title to the home, vehicles and accounts.
• Evidence of unpaid work, such as childcare or running the household, and any career sacrifices.
• Messages or emails where you and your partner discussed ownership, loans or gifts.
• Dates you began and stopped living together.

Keep copies and do not remove or hide anything. If you are still living with your partner, avoid taking original documents that could cause conflict, and ask a lawyer how to preserve proof safely.

Children and support are separate questions

Property is only one piece. Parenting arrangements and child support are heard in the Supreme Court of Nova Scotia (Family Division). For married spouses who are divorcing, the Divorce Act has the court consider only the best interests of the child when making parenting orders, and child support for a child under the age of majority is based on the table amount for the payor's province plus any section 7 amount.

Whether a particular statute or rule applies to unmarried parents can vary, so confirm which one governs your application. Support can be enforced through the Maintenance Enforcement Program if the order is enrolled, and the Program cannot enforce an order that is not enrolled.

If parents share time with a child, support is not always a simple table amount. Where each parent has the child at least 40% of the time over a year, the court considers the table amount for each parent, the increased costs of shared parenting, and the circumstances of each parent and the child, and this is not an automatic set-off. On request, the court can also add section 7 amounts, such as child care or health-related costs above insurance of $100 or more a year.

The Family Division also offers court-based dispute resolution. Conciliation involves a court officer who meets the parties to identify issues and explore settlement, and mediation uses a neutral mediator who cannot make orders. Judge-led settlement conferences are voluntary. The Parent Information Program is mandatory when a court application involving children is filed in the Family Division, and parents can also attend voluntarily.

What to do next

• Write a timeline: when you moved in, when you bought or rented, and when you separated.
• Collect financial records and the evidence listed above.
• Do not sign over your interest in a home or account without advice.
• Ask a lawyer which claims fit your facts, and whether any time limits apply to them.
• If cost is a concern, ask Nova Scotia Legal Aid about eligibility; family coverage includes matters under the Parenting and Support Act.
• If you are refused legal aid, you can appeal to the Commission by written request for review.

Legal aid eligibility is not only about income. An applicant is financially eligible if they qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, and the Commission may require a contribution. The Commission can also find someone eligible where retaining a lawyer would cause undue financial hardship.

If a partner is threatening or violent, safety comes first. Emergency protection orders under the Domestic Violence Intervention Act are applied for by telephone; a victim may apply between 9:00 am and 9:00 pm, while designated persons such as peace officers may apply at any time.

Frequently asked questions