Issues

Property Division

Some of the issues a court will consider in an unjust enrichment case in Canada are:

  • length of the common law relationship
  • whether there are any children
  • whether assets were shared or pooled
  • the parties’ financial sophistication
  • whether the parties were previously married
  • whether there was an express or implied contract
  • what housework was done by each party
  • what financial contributions were made by each party
  • what compensation was received for contributions
  • discussions between the parties about ownership of property
  • how to prove the value of each parties’ contributions
  • how the financial situations of both parties have improved during the common law relationship
  • what the relationship is between the contributions and the increase in wealth during the common law relationship
  • any financial hardship arising from the breakdown of the relationship on separation

Related Articles On Common Law Property Division

Unjust Enrichment – how property is divided on common law separation in Ontario.

Find out the defences to a claim for unjust enrichment.

Read about some examples of unjust enrichment.

Remedies – what will a court do if it finds that there has been an unjust enrichment.

Resulting Trusts: your other option.

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