Tuesday, May 11, 2021

Simran Bakshi on Family Law: Simran Bakshi on Family Law: Spouses reminded that there are no free lunches when it comes to Property acquired during a Common Law Relationship


The Court of Appeal in Walters v Nusseiri, 2020 ONCA 615 affirmed that a common law spouse who does not contribute towards a property, may not have an entitlement to it, irrespective of how legal title may be held. This decision is a reminder that though common law spouses may not have statutory entitlements to the equalization of property, equitable trust principles remain in place for their protection. 


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