I have no children with a common-law partner for the last 20years.

Hello Bilodeau

Common-law spouses are not entitled to an automatic division of the value of the Matrimonial Home and the Net Family Property like married spouses are. This is good for you.

After a 20 year spousal relationship, the court would likely assume that your partner has contributed to the cost and upkeep of the home, and that some of the increase in its value at least is attributable to him.

If you can show that your partner contributed little, or certainly less than what market rent would be for a decent place to live, then you have a strong argument that the entire home should remain yours. I can't tell you how that would pan out, as the court would look at all the various factors which is beyond my purview here.

Similarly, married couples generally split evenly the Net Family Property which is the increase in wealth of the couple minus it's accumulated debts over the course of the marriage. Common law spouses have no automatic right to half of the other's net family property, but long term relationships are treated similarly by the court often, so your ex could make a legitimate claim. Since there were no children and you each have full time work, I doubt there would be spousal support, but your pension is an asset and your partner could claim a share of it. This doesn't mean he'd get much if any, but after 20 years together he is in a position to make a claim.

You should go see a family law lawyer to make a plan of how to deal with this claim before it arises. Get your income and tax papers together, do a draft financial statement at least, and get a pension contribution statement from your employer. I wouldn't pay an actuary to do a valuation at this point.

Hope for the best but prepare for the worst, I often say.

Good luck.

Ulysses

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