The Matrimonial Property Act sets out the rules for property division for people who are married, but this law does not apply to people who are not married. There is no presumption that property will be shared equally between the unmarried partners at the end of the relationship. In general, the property that is purchased during the relationship belongs to the person who paid for it and who is registered as its owner What if it wouldn’t be fair to let one partner keep all of their assets? Sometimes it would not be fair to let one person keep all of the property that is in their name. If the other person has contributed in a non-financial way to the property, then it might not be fair for one partner to keep that asset to themselves. The partner who made the contributions can ask a judge to divide the value of the property based on what is fair. This kind of claim is called a claim for "unjust enrichment" EXAMPLE For example, Bill is the sole owner of the house that he lives in with Ann. They have lived together for five years. Ann helped with the yard maintenance, renovated the inside of the home, and did the majority of the housekeeping. It might not be fair to let Bill keep the entire value of the house given the unpaid work that Ann contributed to the property. What will a judge think about when dividing property for unmarried couples? In a claim for unjust enrichment, the non-owner partner is asking the judge to divide their partner’s property because it would be unfair to let the owner keep all of the property.
33
Powered by FlippingBook