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.