Family property is the value of the net property accumulated during the relationship, and its increase in value.
The Family Law Act provides that this property can only be divided if the parties were married. Thus, unmarried couples, do not have a de facto right to share in the property of their partners.
That said, depending on the circumstances of the relationship of an unmarried couple, property may be divided based on the right of equity, rather than the provisions of the Family Law Act.
The law of equity, and the principle of unjust enrichment, provide that one party should not unduly become enriched, at the expense of the other. In circumstances where one party unfairly benefited from the union, the court will look to right, the wrong.
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