Matrimonial property and common law couples.

AuthorMitchell, Teresa

A Nova Scotia couple lived together for 10 years and had 2 children. When they separated, Susan Walsh asked for an equal division of their property under the Matrimonial Property Act, but was refused because theirs was a common law relationship. She sued the government, claiming discrimination on the basis of her marital status. The Nova Scotia Court of Appeal agreed with her, stating "the Matrimonial Property Act perpetuates the view that unmarried partners are less worthy of recognition or value as human beings or as members of Canadian society equally deserving of...

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