Common Law Separation and Property Division

Common Law Separation and Property Division

Common Law Separation and Property Division

Podcast #29 - Common Law Separation and Property Division.



The Ontario Family Law Podcast deals with issues related to marriage, separation, divorce, child welfare and even some children's rights issues. The main host is John Schuman, a family lawyer (Certified Specialist in Family Law), mediator, arbitrator and collaborative lawyer and is the partner managing the Family Law Group at Devry Smith Frank LLP (DSF).

One of the most frequent mistakes people make about Ontario Family Law is thinking that becoming common law is exactly the same as being married. However, as discussed in previous episodes of this podcast, that is just simply not the case. Being common law is very different from being married. One of the biggest ways that it is different is with respect to property division. If you are common law do NOT assume everything is divided 50/50. Sometimes, property division between common law couples can seem like the Wild West. In some ways, it is. This podcast gives an in-depth, comprehensive, explanation of how common law couples can divide their property when the relationship ends, and how they do not. It also explains other Family Law remedies that can help out when the property division is unfair.

This version of the podcast has “slides” that appear on your screen while you listen to assist with understanding some of these complex topics.

The Ontario Family Law Podcast: Common Law Separation and Property Division

[Podcast #29] Common Law Separation and Property Division

Being common law, instead of married, can make property division much more complicated on separation. One partner may have no entitlement in law to share in anything that the couple accumulated during their relationship. But, the partner who just “walks away” may be giving up too much. If you have, or are about to separate from your common law spouse, listen to this podcast and then speak to a family law lawyer to determine your rights and obligations in your particular circumstances.

For more information regarding separation agreements or any other family law related matters, please contact Toronto family lawyer John Schuman at 416-446-5080, or check out

This podcast is provided for general information only. It does not constitute legal advice with regard to any specific situation.