Common law partners; Lola vs. Éric- Getting married or not getting married... there is the question!

We heard about the cause of Lola C. Éric.  Many of us have discussed this with our friends and family.  Unfortunately, it was not everyone who clearly understood what happened in that case.  Let us briefly review the facts of this cause known to the general public.  Lola and Éric were not married but had cohabited together for an approximate period of seven (7) years.  During this seven (7) year period, they had three (3) children. Lola alleged in Court that she often asked Éric to marry her.  Éric alleged that he was very clear with regards to his sentiments concerning marriage and that marriage was not an option for him.  Like many people living in Quebec, Lola assumed that since she had lived with Éric for a certain period of time, she had the same rights as a married couple and in the event of a separation, she would have her share of the assets acquired during her cohabitation with Eric.

Common law partners vs Married Couple

Lola discovered that by being an unmarried couple, she had no right to property and wealth that belonged to Éric.

Children have the same rights as that issue of a marriage

Arguments were made to the effect that this exclusion from the legislation of unmarried couples with regard to the division of property acquired during marriage was discriminatory.  This is one aspect that many continue not to grasp despite the Supreme Court judgment, televised discussions, magazine and newspaper articles. There is no protection for the spouses in the event of a rupture, regardless of the duration of the cohabitation, the number of children or the reasons for the rupture; it is imperative that everyone be aware of this.  Unmarried couples must turn to other avenues to try to recover any money or other type of investment made during the cohabitation period.  It is important to note that these avenues are not easy to pursue and consulting an attorney to discuss your situation in order to be adequately informed it is important to know your rights.  The attorneys in our firm are able to meet with you and discuss your situation and to check what options are available to you in the event of a breakup of your relationship.

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