Quote:
Originally Posted by kelly001
I am confused. I thought that in common law it was different from a marriage. A pension belongs to the person whose name it is in. Hence, i didnt think a common law partner is entitled to half. If that is the case, then does that apply to all assets not just pension.
Example, if a common law spousel owns a car and they split up, is the partner entitled to half the value of the car.
I thought no, if the car is in one name, then the other is not entitled.
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You must show ownership in CL unions for things like Cars, Jewellery, personal items etc.
The only things that can potentially be handled similarly for CL unions as with married couples are the “matrimonial home” and potentially pensions.
CL - depending on your province, you can seek an unjust enrichment claim or similar to gain equity from a home purchased while cohabitating that was intended for the personal use of both parties.
The splitting of CPP can be reviewed on the CCRA web site.
Canada Pension Plan (CPP) - Credit Splitting Upon Divorce or Separation
As for company pensions this is more tricky as it is indeed the ownership of one party not both in CL unions, and takes on the same rules as other personal assets once the CL union ends.
The home and pension splitting have been a “relatively” recent change since there are increasing numbers of CL unions that enter into the purchase of a home and/or one partner makes sacrifices for the other to work, this allowing for CPP splitting.