Guiding Common-Law Couples Through The Complexities Of Property Division
Dividing the assets in a common-law relationship is different than for married couples. In Alberta there is specific legislation that applies to the dissolution of a marriage and how to divide property. Common-law couples who separate have more grey areas in property matters following a separation because there is no current statute that outlines their property rights. While this could change, it is important to have advice that is current.
At Long Family Law Group LLP, we have extensive experience in guiding common-law couples through the grey areas of property division. Based in Edmonton, Alberta, we apply our comprehensive knowledge of case law and common law principles which address your situation to inform you about your rights following the dissolution of your relationship.
Unjust Enrichment and Constructive Trust
Since there is no legislation which outlines rights and obligations of common law partners regarding property, the courts have filled in with “judge made” law in a series of written decisions that provide guidance, but not certainty, about property division upon separation. These decisions generally deal with principles of “unjust enrichment” and “constructive trust” to build outcomes that have as their goal fairness and consistency. They do not provide for “equality” of result; rather the term is “equity”, a subjective notion that requires case by case analysis. This is complex. Get legal advice.
At Long Family Law Group LLP, our goal is to help you understand your rights to the property and assets that are important to you.
Identifying Your Goals And Protecting Your Rights.
We know how frustrating it can be to pursue an outcome when there is no clear legislation that outlines your rights. This can be further complicated by the emotional nature of ending a relationship. At Long Family Law Group LLP, our legal team understands how difficult this time can be for you and your partner.
We offer an objective perspective on your needs and help you separate the emotional noise from the legal issues that need to be addressed. We use our extensive knowledge and experience guiding common-law couples through separation to help you arrive at a reasonable solution.