A Support Spouse

Only a Property Spouse has rights to the Matrimonial Home


Is a ‘support’ spouse the same as what the public usually refers to as a ‘common law’ spouse?


Technically, there is actually a real “common law spouse”, but you probably need the best part of 50 years for that. Also, it’s just a presumption. Actual proof of no marriage would be sufficient to prove that it didn’t take place.

Every property spouse under the Family Law Act went through a marriage ceremony. They have a Marriage Certificate. Merely “living together” brings no rights with respect to property. Only a spouse with a certificate signs off the spousal consent set out in the Agreement of Purchase and Sale. That has nothing to do with an equity interest in the property, it just relates to possession.

Brian Madigan LL.B., Broker


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